The Air University
The Official Journal of The Air Force Negotiation Center
Volume 1, Number 1 | February 2020 | ISSN 2643-4547 www.airuniversity.af.edu/AFNC Director, Air Force Negotiation Center Thomas G. Matyók, PhD
Editor-in-Chief Michelle A. Osborne, PhD
Book Review Editors John Boyles www.airuniversity.af.edu Clayton Caver
UNITED STATES AIR FORCE Peer Reviewers NEGOTIATION Sean Byrne, PhD CENTER Executive Director www.airuniversity.af.edu/ Professor of Peace and Conflict Studies, AFNC University of Manitoba
Cover Photography Sarah Dewey
Graphic/Web Designer Sarah Dewey www.airuniversity.af.edu/ AFNC/Academic-Division ISSN 2643-4547
The Journal of Military Conflict Transformation (JMCT) is a professional journal of the U.S. Air Force and The Air Journal of University. This publication is intended to serve as an open and Military Conflict scholarly forum for the advancement of topics within Conflict Transformation Transformation, Negotiation, Mediation, and Facilitation. 60 W. Shumacher Ave. The views and opinions expressed or implied within the Bldg 803 journal are those of the author(s) and should not be construed Maxwell AFB, AL as carrying out the official sanction of the United States Air 36112 Force, the Department of Defense, Air Education and Training Command, The Air University, Air War College, The Air Force [email protected] Negotiation Center, or any other agency or department of the U.S. Government. Visit Journal of Military JMCT welcomes articles, op-eds, book reviews, artwork, and Conflict Transformation photographs. Individuals interested in publishing may submit at www.airuniversity. materials via email to [email protected]. All submissions af.edu/AFNC/About- must be unclassified, non-sensitive, and releasable to the JMCT public. Content must be original, not previously published, and represent substantive new content or perspectives. Journal of Military Conflict Transformation February 2020 JMCT Volume 1 www.airuniversity.af.edu/AFNC/About-JMCT Number 1
Director’s Welcome...... 3
Featured Article
The Use of Role-Playing Simulations in Negotiations Pedagogy, and the Search for a More Comprehensive Approach MAJ Timothy J. McDonald and MAJ Marcus A. Millen...... 5
Commentary
A Force Multiplier: The Air Force Needs Military Negotiation Education Col David O'Meara, USAF (Ret)...... 16
Air University Student Studies
Going Beyond the Norm: The Case for Incorporating Evaluative Mediation into Department of Defense Employment Discrimination Complaints Lt Col Thomas A. McNab...... 21
Devastation to Tourist Destination Judith Tepperman, MSS...... 33
Book Reviews
Among Cultures: The Challenges of Communication 3rd Edition Reviewed by Clayton Carver, BS...... 45
Exactly What to Say: The Magic Words for Influence and Impact Reviewed by SSgt George Skon...... 47
Turn Enemies into Allies: The Art of Peace in the Workplace (Conflict Resolution for Leaders, Managers, and Anyone Stuck in the Middle) Reviewed by Jason W. Womack, MEd, MA...... 49 Note from the Director
Welcome to the inaugural issue of the Journal of Military Conflict Transformation (JMCT), official Journal of the Air force Negotiation Center (AFNC). The goal of the JMCT is to provide scholars and practitioners with a space to share research and best practices regarding conflict transformation, negotiation, mediation, and facilitation in a military environment.
Traditionally, the teaching of negotiation and mediation skills in the military has relied upon business and legal approaches to conflict resolution. Conflict resolution terms such as Win-Win, Best Alternative to a Negotiated Agreement (BATNA), and Interest-Based Negotiation (IBN) have become part of the military vernacular; however, they can remain heavily weighted toward bargaining, using economic strategies. Though they can be much utility in mastering the 'tactics, techniques, and tricks' of negotiation as bargaining, there is room for more. The JMCT is a contribution to the development of Military Negotiation as a theory-informed practice of negotiation at interpersonal, organizational, and inter-organizational levels.
The AFNC in a leading research, education, and training activity that focuses exclusively on advancing Military Negotiation as an on-going, joint problem-solving, decision-making activity that uses critical and creative thinking as strategically- minded engaged-leadership. Experience teaching at Air University, coupled to desk and field research, strongly points to the need for military-centric approach to conflict transformation.
Know that your suggestions regarding the direction of the JMCT are more than welcome. Never hesitate to let us know what you think and what we can be doing better.
Thank you,
Thomas G. Matyók, PhD Director Note from the Editor-in-Chief
It is with genuine delight we present to you the inaugural edition of The Journal of Military Conflict Transformation. It is hard to believe we began this journey less than a year ago. What an honor it has been to have had the opportunity to work with such an amazing and talented group of people, for which none of this would have been possible without. I want to take a moment to thank everyone involved in the production and publication of our first journal release. Thank you for the tremendous support you have shown us. A special thanks to the Air University for supporting scholars and the advancement of intellectual development; for always pushing your faculty and staff to elevate their standards and level of education. Thank you to our peer-reviewers, copy-editors, authors, and contributors; you have inspired us to keep pushing the envelope and to open our pages to new and exciting research. It has truly been a team effort that will continue to grow and develop with each and every edition.
To our readers, we hope you will join us on our journey to become the leading journal in military conflict transformation, and that you will share with us your stories, research, commentary, and lessons learned. JMCT supports the advancement of all topics within conflict transformation, negotiation, mediation, and facilitation and encourages scholars, of all levels, to engage with us across our various platforms. We want to hear from you!
As we continue to build a more robust publications profile, we hope you will consider publishing your next article with us.
Thank you,
Michelle A. Osborne, PhD Director of Institutional Effectiveness Editor-in-Chief, JMCT JMCT February 2020 www.airuniversity.af.edu/AFNC/About-JMCT Volume 1, Number 1, 5-15
The Use of Role-Playing Simulations in Negotiations Pedagogy, and the Search for a More Comprehensive Approach
MAJ Timothy J. McDonald MAJ Marcus A. Millen
Abstract This paper is a literary review of the use of role-play simulations within negotiations pedagogy. The paper describes the benefits and challenges of role-playing exercises—the most prominent learning vehicle in the field—and then details efforts by negotiation educators to supplement and improve these exercises. Finally, the paper comments on negotiation education at the United States Military Academy and the degree to which curricula there incorporate these best practices.
The Aim and Challenges of Teaching and opportunities to learn about negotiation.1 Negotiations Scholars in the field refer to this as the paradox of teaching negotiations.2 The aim of most negotiation courses While courses on negotiation may is to teach students to be better negotiators. To vary in their espoused goals, they generally the extent student motivation aids classroom seek to develop a set of behavioral skills learning, negotiation is an easy topic to teach. students can employ to resolve problems Students find the course instantly relevant; or conflict with others. Such skills include they believe effective negotiation skills will analyzing and preparing for a negotiation, serve them well in many aspects of their eliciting counterpart interests, crafting mutually lives. Students also thoroughly enjoy role- satisfactory options, and using persuasive playing exercises and the lively discussions standards to choose among these options, to that typically ensue. Yet, this enthusiasm name a few. Unfortunately, simply knowing cannot be automatically taken as evidence that about these behaviors is insufficient; research negotiation instruction is effective. The aim, has shown a significant gap between knowing after all, is to educate students to think and and doing.3 Connecting the two requires hard behave differently—not to present concepts work and practice. Thus, negotiation curricula
1. Michael R. Fowler, Mastering Negotiation (Durham: Carolina Academic Press, 2017), 1-28. 2. Michael Wheeler, “Is Teaching Negotiation Too Easy, Too Hard, or Both?,” Negotiation Journal 22, no.2 (2006): 187-197. 3. Chris Argyris, Robert Putnam and Diana McLain Smith, Action Science (San Francisco: Jossey-Bass, 1985).
5 | Journal of Military Conflict Transformation | Vol. 1 No. 1 February 2020 FEATURED ARTICLE must strive to both impart theory and provide theories and behavioral skills that account opportunity for skill building. Accomplishing more accurately for reality.7 Furthermore, they both to increase long-lasting student must also create opportunities for long-lasting effectiveness can appear “deceptively simple”.4 skill and conceptual development, while doing Further complicating this challenge is so in a way that is cognizant of students’ the fact that students do not begin the course varying capacities to reason through difficult with a blank slate. Students enter negotiation interpersonal challenges.8 courses with considerable experience and understanding of negotiation processes because Typical Elements of Negotiation Pedagogy they have negotiated all their lives. Regrettably, these entrenched belief systems often form the Negotiation is broadly considered basis of “naïve theories” about how negotiation an interdisciplinary field. Researchers and really works.5 One such naïve theory is the educators draw upon insights from such “fixed pie model” of negotiations, in which disciplines as anthropology, psychology, one believes there is a fixed amount of value sociology, law, business, economics, game to be gained in a negotiation. Negotiators who theory, and the arts.9 In addition to drawing subscribe to this theory enter a negotiation upon multiple disciplines, negotiation is also purely to determine how best to distribute the taught to students of multiple disciplines. In an value; they mistakenly assume that one party informal, though extensive, interview-based can only gain at the expense of another. An survey conducted in 2000, Ron Fortgang overwhelming body of research concludes that reviewed how negotiation is taught across four individuals with this orientation to negotiation distinct fields—law, business, public policy often fail to create value for themselves and and planning, and international relations.10 their counterparts.6 More simply, this research He found that all four professional schools suggests that untrained negotiators have faulty placed significant value on the presentation of theories about negotiation that lead to the intellectual frameworks, the use of simulations creation of poor agreements. and debriefings, reflection exercises, and self- If the goal of a negotiation course assessment and evaluation.11 is truly to teach students how to be better Loewenstein and Thomas further negotiators, then the curriculum’s structure, synthesized these results and asserted methodology, and assessment mechanisms professional school educators appear to take must reflect the aforementioned challenges. a three-step approach to teaching negotiation. Educators must do more than present students The first is learn by doing, in which educators with new ideas or frameworks. Rather, provide a real-world-like activity that engages negotiation teachers must first dispel naïve students’ naïve theories of negotiation. The theories and then supplant them with better second is reveal expectation failures, in which
4. Bruce Patton, “The Deceptive Simplicity of Teaching Negotiation: Reflections on Thirty Years of the Negotiation Workshop,”Negotiation Journal 25, no.4 (2009): 481-498. 5. Jeffery Loewenstein and Leigh Thompson, “The Challenge of Learning,”Negotiation Journal 16, no.4 (2000): 399-408. 6. Ibid. 7. Ibid. 8. Bobbie McAdoo and Melissa Manwaring, “Teaching for Implementation: Designing Negotiation Curricula to Maximizing Long-Term Learning,” Negotiation Journal 25, no.2 (2009): 195-215; Melissa Manwaring, “The Cognitive Demands of a Negotiation Curriculum: What Does it Mean to “Get” Getting to Yes?,” Negotiation Journal 22, no.1 (2006): 67-88. 9. Christopher Honeyman and Andrea K. Schneider, “Catching up with the Major General: The Need for a “Canon” of Negotiation,” Marquette Law Review 87, no.4 (2004): 637-648. 10. Ron S. Fortgang, “Taking Stock: An Analysis of Negotiation Pedagogy across Four Professional Fields,” Negotiation Journal 16, no.4 (2000): 325- 338. 11.Ibid. According to Fortgang, these areas included the following. Intellectual frameworks: offering students a framework for negotiation analysis (e.g. the principled negotiation framework). Simulations & debriefings: hands-on, experiential forms of learning where students can experiment with possible negotiation strategies and exercises and then compare their results with classmates who often achieve dramatically different results. Reflection: creating opportunities for students to generalize from simulations and exercises. Self-assessment and evaluation: appraising individual negotiating strengths and weaknesses through the use of diagnostic instruments facilitated feedback exchange between negotiation partners; and written descriptive and analytic journals.
6 | Journal of Military Conflict Transformation | Vol. 1 No. 1 February 2020 teachers provide feedback about how people deliberately design or introduce simulations performed, specifically to demonstrate the they expect students to resolve with suboptimal limits of their naïve theories. The third step is agreements. By providing immediate offer explanations, wherein educators provide feedback to demonstrate the nature of these insights into the expert models or theories poor outcomes, faculty create disequilibrium and outline behavioral skills that students can among the participants thereby revealing naïve exhibit to reach better outcomes.12 theories of negotiation.19 Regarding the first step, learning by Once students have reason to question doing, Fortgang’s study found professional why their theories failed to provide accurate schools relied heavily on experiential learning. predictions of reality, and consequently More specifically, these programs employed begin to openly examine their schema more role-playing simulations as their primary closely, negotiation teachers can then offer experiential vehicle, and most also utilized explanations. These explanations take the reflective journals as a means of self-reflection form of emergent theories of negotiation. As and generalizing specific exercise insights.13 Fortgang discovered in his informal study, These findings are consistent with leading faculty across, and even within, professional theories about adult learning, or andragogy, schools advance varying theoretical which argues experience (including mistakes) frameworks.20 One prominent theory is an provides the basis for learning activities.14 adversarial-distributive model which focuses Role-playing simulations create opportunities on competitive moves to claim value for for students to try new behavioral skills, oneself. Typically, distributive tactics tightly discover the relevance of underlying principles restrict information disclosure by withholding and themes, and immediately apply what or, at worst, misleading others; these tactics they learn through knowledge transfer.15 As maximize short-term gains but can also sow previously alluded, students also typically distrust and harm relationships. In sharp enjoy conducting these simulations and are contrast, the “value creation approach” therefore motivated to perform the task.16 advocates that parties discover underlying During the second step, reveal interests and invent options for joint gain.21 expectation failures, educators seek to dispel Proponents of this approach assert that it the naïve theories possessed by most novice increases the “size of the pie” and enhances negotiators. Supplanting these old models with relationships, while the alternative distributive new schemas requires the creation of student model usually results in suboptimal outcomes disequilibrium.17 Indeed, conceptual change, or and leads to needless impasses. A third hybrid the development of new schema, occurs when approach seeks to employ an integrative interactions between existing mental models model of negotiation that is also mindful of and new experiences creates confusion in the the tension between creating joint value and learner so that new ways of thinking become claiming that value for oneself. Overcoming necessary.18 For this reason, faculty often this tension—often referred to as the
12.Loewenstein and Thomas, “The Challenge of Learning,” 399-408. 13.Fortgang, “Taking Stock,” 325-337. 14.Malcom S. Knowles, Elwood F. Holton and Richard A. Swanson, The Adult Learner: The Definitive Classic in Adult Education and Human Resource Development, 7th ed. (New York: Routledge, 2012). 15.Noam Ebner and Kimberlee K. Kovach, “Simulation 2.0: The Resurrection,” in Venturing Beyond the Classroom, 2nd vol. Christo- pher Honeymoon, James Coben and Giuseppe De Palo (Saint Paul: DRI Press, 2010), 245-267. 16.Patton, “The Deceptive Simplicity of Teaching Negotiation,” 481-498. 17.McAdoo and Manning, “Teaching for Implementation,” 195-215. 18.John D. Bransford, Ann L. Brown and Rodney R. Cocking, eds., How People Learn: Brain, Mind, Experience, and School (Wash- ington, D.C.: National Academy Press, 1999). 19.Hal Movius, “The Effectiveness of Negotiation Training,”Negotiation Journal 24, no.4 (2008): 509-531. 20.Fortgang, “Taking Stock,” 325-337. 21.Movius, “The Effectiveness of Negotiation Training,” 509-531.
7 | Journal of Military Conflict Transformation | Vol. 1 No. 1 February 2020 FEATURED ARTICLE negotiator’s dilemma—requires strategic 1. Enhance student motivation and interest in choices before and during negotiation, to the topic include devising and deciding upon a process 2. Promote cognitive or conceptual learning to develop options for mutual gains. 3. Improve meaningful participation and Regardless of the framework sophisticated inquiry employed, prevalent negotiation pedagogy 4. Stimulate new student perspectives, indicates theoretical understanding is not a orientations, and overall empathy toward precursor to improved student skills.22 Students others must first develop an openness to critically 5. Enhance students’ self-awareness and self- examining their existing assumptions and confidence schemas. This may challenge many learners 6. Promote better relations between the because it could demand a “higher order of teachers and students, as well as among the self-reflection than that to which they are students themselves.25 accustomed.”23 This withstanding, educators’ dominant pedagogical strategy remains When coupled with benefits touted primarily on creating engaging experiences, by the adult learning model, these claims compelling students to reflect on those propelled role-playing simulations and other experiences, and finally incorporating the games to the forefront of instructional vehicles resulting insights with current negotiation employed by negotiation teachers. Given research findings. the prevalence of these tools, educators and researches have, for the last decade, sought to The Use of Simulations in Negotiations confirm the degree to which simulations deliver Pedagogy and an Argument for a More on these claims through in-depth research. In a Comprehensive Approach comprehensive review of the literature, Daniel Druckman and Noam Ebner found that only As previously described, role-play some of these hypotheses have consistently simulations are the dominant experiential held true. Among these, studies conducted in learning vehicle across negotiation education. social science classrooms indicated simulations In a well-cited piece on the topic, Nadja do increase students’ interest in the topic, their Alexander and Michelle LeBaron exclaimed attitudes toward learning, and their material the use of “role-plays in negotiation retention. But initial concept learning and training has become as common as Santa at critical thinking skills did not improve relative Christmas…or drinking beer at Oktoberfest.”24 to other instructional vehicles, such as case Educators have, for decades, extolled the studies and recitation.26 virtues of this teaching tool. A leading writer These findings strongly contradict on the subject, Cathy Greenblat, categorized teachers’ intuitions about the use of the many positive claims about simulations simulations. Although student motivation and into the following list: retention does improve over other methods,
22. Fortgang, “Taking Stock,” 325-337. Importantly, as Fortgang’s informal study finds, there remains a debate among faculty wheth- er it is best to build practical skills (“implementation orientation”) or convey conceptual, more analytical frameworks (“theoretical orientation”). The overwhelming prevalence of simulation use as a teaching methodology implies negotiation faculty embrace the implementation orientation despite the potential prominence of one approach over another. 23. Manwaring, “Demands of Negotiation Curriculum,” 67-88. 24. Nadja Alexander and Michelle LeBaron, “Death of the Role-Play,” in Rethinking Negotiation Teaching: Innovations for Context and Culture, Christopher Honeymoon, James Coben and Giuseppe De Palo (Saint Paul: DRI Press, 2009), 179-197. 25. Cathy S. Greenblat, “Teaching with Simulation Games: A Review of Claims and Evidence,” in Principles and Practices of Gam- ing-Simulation, 1st ed. Cathy S. Greenblat and Richard D. Duke (Beverly Hills: Sage, 1981). 26. Daniel Druckman and Noam Ebner, “Games, Claims, and New Frames: Rethinking the Use of Simulation in Negotiation Educa- tion,” Negotiation Journal 29, no.1 (2013): 61-92.
8 | Journal of Military Conflict Transformation | Vol. 1 No. 1 February 2020 empirical research shows simulations do relevant role-play exercises also assist with not provide learning benefits. Students in “low-road” transfer—that is, “the triggering these classrooms do not exhibit increased of reflexive, semi-automatic responses in understanding, a better grasp of concepts, or conditions sufficiently similar to the learning any other measurable learning indicator.27 conditions without the need for mindful In addition to these efficacy concerns, application of abstract principles.”31 Examples other critiques of role-play exercises should of other low-road transfers include the use be taken into account. Foremost, simulation of flight simulators for pilots (intended to exercises are resource-intensive efforts. They prepare participants for actual, future flights) or require time to set up, conduct, and debrief. dummies for CPR training. Properly conducting simulations is also a While contextually relevant difficult endeavor for teachers; they must not simulations have certain advantages, they only be knowledgeable in their subject, but may also create barriers to students’ schema also skilled in performing a myriad of other adjustment. Students may reflexively tasks, including simulation administration, employ their own naïve theories and miss role assignment, and conducting debriefings.28 the deeper learning points when presented These debriefings, at their best, rely upon with simulations that are highly similar to student reactions that actually emerge—as their own personal or professional lives.32 opposed to those the teacher hopes will Anecdotally, the author’s efforts to train US emerge. Invariably, this time-consuming military leaders with highly contextually discussion yields somewhat unpredictable relevant simulations have often resulted in insights and often creates the opportunity cost participants sub-optimally resolving the central of covering additional material. Furthermore, challenge in ways similar to their own previous student reactions are often unpredictable; one professional experience. Separately, students counterproductive student can derail a lively who feel personally connected to simulation discussion.29 fact patterns may refrain from experimenting Another common critique relates to fully for fear of embarrassment should they the role of context in role-play simulations. In fail to reach an optimal solution.33 Studies also seeking to maximize the likelihood of long- indicate familiar context may poorly facilitate term learning through knowledge transfer, “high-road” transfer, which is the ability instructors debate whether simulations to “abstract, understand, and apply general with case patterns similar to the students’ negotiation principles to a different context.”34 real lives are best.30 Research has shown In their critique of role-play contextually familiar settings increase student exercises, Alexander and LeBaron raise motivation and decrease objections about another interesting point about the cultural relevance. Furthermore, such simulations and contextual suitability of teaching with create opportunities to practice skills that simulations. They argue that assuming others’ can be put to use immediately. Contextually identities may be disrespectful or nonsensical
27.Ebner and Kovach, “Simulation 2.0: The Resurrection,” 245-267. 28.Druckman and Ebner, “Rethinking the Use of Simulation,” 61-92. 29.Ibid. 30.Alexandra Crampton and Melissa Manwaring, “Shaping the Context, Meaning, and Effectiveness of Negotiation Simulations: Teaching and Training Insights,” in Teaching Negotiation: Understanding the Impact of Role-Playing Simulations, Program on Nego- tiation (Cambridge: Harvard Law School, 2014), 2-15. 31.Ibid. 32.Lawrence Susskind and Jason Corburn, “Using Simulations to Teach Negotiation: Pedagogical Theory and Practice,” in Teaching Negotiation: Ideas and Innovations, ed. Michael Wheeler (Cambridge: PON Books, 2000), 285-310. 33.Noam Ebner and Yael Efron, “Using Tomorrow’s Headlines for Today’s Training: Creating Pseudo-Reality in Conflict Resolution Simulation- Games,” Negotiation Journal 21, no. 3 (2008): 377-406. 34.Crampton and Manwaring, “Effectiveness of Negotiation Simulations,” 2-15. 35.Alexander and LaBaron, “Death of the Role-Play,” 179-197. 9 | Journal of Military Conflict Transformation | Vol. 1 No. 1 February 2020 FEATURED ARTICLE in some cultural settings.35 This may result 1. The use of simulations should be more in further perpetuation of stereotypes, which limited are unhelpful in resolving future problems, 2. The use of simulations should be improved or worse, it can result in creating new strife 3. Simulations should be employed in new or among and between students, between novel ways.38 students and teachers, or between students and the material. Subject matter expert, Regarding the first idea, Druckman Michael Wheeler, acknowledged that Harvard and Ebner argue teachers should consider MBA candidates encountered so much decreasing their reliance on simulations. To difficulty when engaging in negotiations that adhere to elements of adult learning theory, incorporated challenging topics, such as race educators should, instead, fill the slack with and gender dynamics, that the modules were other experiential learning vehicles. However, eventually dropped from the course.36 these vehicles should also receive the same These critiques withstanding, studies scrutiny as the role-play simulations whose have not shown simulations to be an ineffective place they have assumed. In addition, these method. The findings merely demonstrate vehicles should directly address student simulations do not deliver the full range of performance goals.39 Specifically, negotiation benefits initially espoused. Educators, then, teachers must purposefully select learning need not throw the proverbial baby out with the activities with clear learning goals in mind. bath water. Instead, negotiation teachers should Analogical learning, for example, has consider a more deliberate approach to the use seen empirically demonstrated success when of simulations in the classroom. Recognizing investigating high-road transfer of conceptual that simulations cannot effectively serve as or theoretical knowledge. This particular an all-purpose teaching instrument, teachers learning activity relies upon the use of should be purposeful in their use by accounting analogies to help promote schema development for both the costs and benefits when deciding by pushing learners to organize information how much time to spend engaging in role-play in new ways. In a comprehensive review simulations. As scholars now assert, teachers of this vehicle, the Director of curriculum might also consider diversifying the types and development for the Program on Negotiation methods of experiential learning vehicles, as at Harvard Law School, Melissa Manwaring, well as their assessment mechanisms.37 found that analogical learning in a negotiation context helped students understand and transfer Beyond Simulations—Efforts to Enhance general principles to multiple contexts.40 Negotiations Pedagogy In much of the research she references, experimenters asked students to compare Research and scholars’ critiques two case studies with dissimilar case facts suggest role-play simulations are not suitable but similar abstract theories—value creation for all teaching contexts or settings. In their techniques, such as logrolling or contingent highly regarded article on rethinking the use contracts, for instance. Over other teaching of simulations, Daniel Druckman and Noam methods, students in these studies improved Ebner offer three broad ideas for improving their ability to apply these concepts in familiar negotiations pedagogy: contexts and even recognized when to use them in new contexts.41 Other research has also
36. Wheeler, “Is teaching negotiation too easy,” 187-197. 37. Ebner and Kovach, “Simulation 2.0: The Resurrection,” 245-267. 38. Druckman and Ebner, “Rethinking the Use of Simulation,” 61-92. 39. McAdoo and Manning, “Teaching for Implementation,” 195-215. 40. Ibid. 41. Ibid.
10 | Journal of Military Conflict Transformation | Vol. 1 No. 1 February 2020 further demonstrated students require multiple demands as options” or “demonstrating active iterations of analogical learning to apply listening”.46 These tasks lend themselves more structural or theoretical similarities across fully to short vignettes or the use of small contexts.42 portions of a negotiation simulation, rather than Another promising learning style a fully protracted role-play exercise. However, for negotiation education is observational simulations can assist with this effort if used learning. In a negotiation setting, this vehicle deliberately. might encourage the use of video review. Regarding their second idea to Students could, for instance, watch a video improve negotiations pedagogy, Druckman recording featuring actors who reach a fully and Ebner argue teachers must improve the integrative and high quality agreement. In use of simulations. Continuing with the idea a review of the research on this technique, of deliberate practice, Williams and Farmer Hal Movius found students created higher directed students to video record themselves quality agreements (using joint gains within conducting well-defined tasks related to a value creation approach as a measure of the simulation case facts. They found these success) than other methods—to include efforts resulted in measurable improvements analogical learning.43 Interestingly, students in students’ skills and performance.47 By in this condition displayed less understanding grounding the exercise in an assigned role- of why they performed better than those of play simulation, the researchers effectively the analogical learning group, which might amortized the cost of preparing for, conducting, imply implicit learning is at work. On this, and reviewing the simulation to themselves Movius hypothesizes, “it may be that learning and the students. In short, they improved the to negotiate requires more than the mere simulation’s use by getting more from it. Other recognition of new frameworks or ideas. studies also support similar efforts to use Rather, it may require seeing and undertaking simulations in conjunction with experiential complex sequences of interrelated behaviors.”44 methods, rather than as a stand-alone tool.48 Teaching the behaviors Movius To further improve the use of describes may require an increased use of simulations, researchers also recommend low-road transfer techniques over the use of negotiation teachers strive to create an protracted simulations. Negotiation scholars authentic experience and heighten situational Gerald Williams and Larry Farmer argue that to interest.49 Specifically, educators can increase improve effectiveness, students should engage simulation authenticity by ensuring they mimic in behavioral skills training through deliberate real-life contexts (whether relevant to the practice.45 Improving these skills through participants or not) and real-life goals or tasks. deliberate practice entails the presentation or Poitras, Stimec, and Hill argue that increasing assignment of challenging and well-defined students’ situational interest requires higher tasks that students must repeat until the skill stakes, greater salience, and increased certainty becomes routine. In a negotiation course, the of outcomes. These efforts seek to build upon well-defined task might consist of “reframing simulations’ proven ability to enhance student
42. Movius, “The Effectiveness of Negotiation Training,” 509-531. 43. Ibid. 44. Ibid. 45. Gerald R. Williams, Larry C. Farmer and Melissa Manwaring, “New Technology Meets an Old Teaching Challenge: Using Digital Video Recordings, Annotation Software, and Deliberate Practice Techniques to Improve Student Negotiation Skills,” Negotiation Journal 24, no.1 (2008): 71-87. 46. Ibid. 47. Ibid. 48. Druckman and Ebner, “Rethinking the Use of Simulation,” 61-92. 49. Jean Poitras, Arnaud Stimec and Kevin Hill, “Fostering Student Engagement in Negotiation Role Plays,” Negotiation Journal 29, no.4 (2013): 439-462. 50. Ibid. 11 | Journal of Military Conflict Transformation | Vol. 1 No. 1 February 2020 FEATURED ARTICLE motivation and increase retention.50 educator Michael Moffitt discovered six An example of such an effort common evaluation methods, two of which is detailed in Brooks Holtom and Amy are highly relevant to the use of simulations: Kenworthy-U’Ren’s study on the use of email negotiation outcomes (grading the substantive negotiations. From their own observations and outcome of a simulation) and evaluated scholarly research, Holtom and Kenworthy performance (evaluating role-play exercises concluded that typically, in-class role-play using an established set of criteria).55 simulations’ effectiveness waned over the Moffitt describes how both methods duration of a semester-long course.51 To of evaluating negotiation outcomes offer increase situational interest, the faculty promising results. Assessing the substantive devised an email negotiation exercise in which outcomes of students’ role-play exercises their students would negotiate with students serves the benefit of heightening motivation at another university. They believed new, and preparation, while also theoretically unknown counterparts would reinvigorate their aligning assessed performance with desired own students, while the asynchronous nature performance. Unfortunately, this method also of email would also result in greater salience. creates perverse incentive to simply “close In addition, they sought to increase authenticity the deal.”56 Instead of building relationships by matching the case facts to the simulation and sharing information, for instance, students modality—they created a plausible reason for whose grade depends on the outcome of the negotiation to take place via email. When a single negotiation exercise may opt for combined with the benefit of full negotiation adversarial-distributive tactics that few transcripts, upon which students could reflect, negotiation instructors actually desire. In the email negotiation exercise significantly contrast, the method of evaluating performance improved the students’ ability to identify how focuses less on the substantive outcome their behaviors led to suboptimal outcomes and and more on the behaviors exhibited during where opportunities existed to employ more the simulation. This method seeks to assess constructive behaviors.52 precisely what the instructor hopes to teach— Improving the use of simulations the behavioral skills. In addition, performance also requires detailed consideration of how to evaluations rely upon the raw data provided assess students’ learning. Scholars generally by the exercises, rather than the students’ accept the efficacy of available theories— potentially biased recall. All of these benefits such as those embodied by Movius’ “value withstanding, performance observation is also creation approach” label—to assess students’ time-intensive, requires considerable teacher negotiation effectiveness.53 The mechanisms expertise, and relies upon criteria that may be of assessment, however, vary much more ill-suited for certain contexts.57 wildly.54 Because negotiation courses Though less explored in negotiations typically seek to reinforce skills, rather than pedagogy, peer assessments may also impart information, negotiation teachers face improve the use of simulation exercises. In considerable challenges in constructing suitable a comprehensive review of peer assessment and appropriate methods of assessment. In research, Keith Topping concludes that, when a comprehensive review of the literature, “organized, delivered, and monitored with
51. Brooks C. Holtom and Amy L. Kenworthy-U’Ren, “Electronic Negotiation: A Teaching Tool for Encouraging Student Self-Re- flection,”Negotiation Journal 22, no.3 (2006): 303-324. 52. Ibid. 53. Patton, “The Deceptive Simplicity of Teaching Negotiation,” 481-498. 54. Michael Moffitt, “Lights, Camera, Begin Final Exam: Testing What we Teach in Negotiation Courses,”Journal of Legal Educa- tion 54, no.1 (2004): 91-114. 55. Ibid. 56. Ibid. 57. Ibid. 12 | Journal of Military Conflict Transformation | Vol. 1 No. 1 February 2020 care, [peer assessments] can yield gains in and at least three elective courses. Of those the cognitive, social, affective, transferable courses, Negotiations for Leaders, within skill, and systematic domains that are at least the Department of Behavioral Sciences and as good as those from staff assessment.”58 Leadership, is the only one which solely After conducting a simulation exercise, peer focuses on improving students’ ability to assessments increase time on task for the negotiate effectively. Unlike most other assessor. The student must review, summarize, courses at the United States Military Academy, clarify, and offer feedback on peers’ work. Negotiations for Leaders meets on 20 Additionally, the assessed student gains swift occasions for 125 minutes, as opposed to 40 and thorough feedback. A majority of studies sessions of 55 minutes, and the section size conclude peer assessments are significantly is much larger, at 24 cadets per course, as reliable and valid in certain assessment opposed to 16 (the Academy average). mechanisms when assessors receive training This course employs a value creation and employ appropriate criteria to assist with approach—the principled negotiation grading.59 Learning gains are also frequently framework first espoused by Roger Fisher reported. Shortcomings included low student and Bill Ury in Getting to Yes. We present acceptance in certain contexts, as well as the seven element framework as a system- increased time requirements when educators agnostic analysis mechanism and then layer the used peer assessments as a supplement to their principled negotiation framework on top. Our teacher evaluations, rather than a substitute. institutional mission and students’ common About their third and final idea to career paths allow us to select contextually improve negotiations pedagogy, Druckman and relevant simulations and imbue them with Ebner argue simulations should be employed some of the ethical challenges cadets are in new or innovative ways. One of these ways, likely to face upon graduation. Unlike Michael adventure learning, has gained increased Wheeler’s concern for discussing normative popularity over the last decade. Though this moral issues62, West Point’s common value method may take myriad forms, it ultimately set and commitment to character development espouses real experiences for students outside insist we fully address the role of ethics in of class or role-play exercises set in real-world negotiation. Further, our focus on developing settings.60 Adventure learning rests upon military leaders enables us to make tradeoffs the same experiential learning theories as in content to address issues the faculty deem simulations and aims to accentuate the benefits highly relevant to cadets’ future career roles, ascribed to in simulations. Its proponents assert such as multilateral negotiations and cross- that adventure learning is much more authentic cultural negotiations. and dynamic, which increases the likelihood of Similar to Fortgang’s discovery in his knowledge transfer.61 highly cited review of negotiations curricula, Negotiations for Leaders employs several Negotiation Education at the United States role-play simulations, as well as case studies, Military Academy fishbowl exercises, video recording reviews, an email negotiation simulation, and a final West Point cadets currently receive simulation exam set in a realistic military negotiation education in one core course scenario. The course also features performance-
58. Keith Topping, “Peer Assessment Between Students in Colleges and Universities,” Review of Educational Research 68, no.3 (1998): 249-276. 59. Ibid. 60. Lynn Cohn and Noam Ebner, “Bringing Negotiation Teaching to Life: From the Classroom to the Campus to the Community,” in Venturing Beyond the Classroom, 2nd vol. Christopher Honeymoon, James Coben and Giuseppe De Palo (Saint Paul: DRI Press, 2010), 153-168. 61. Druckman and Ebner, “Rethinking the Use of Simulation,” 61-92. 62. Wheeler, “Is teaching negotiation too easy,” 187-197. 13 | Journal of Military Conflict Transformation | Vol. 1 No. 1 February 2020 FEATURED ARTICLE based simulation evaluation as well as to peer assessments of these preparation peer assessments of simulation preparation assignments. Using the Blackboard learning assignments and video recorded simulations. management software—specifically, the “Self Many of these evaluation mechanisms were & Peer Assessments” tool—we collect the introduced in response to the aforementioned student preparation memos and then randomly critiques of role-play simulations. and anonymously assign each memo to three Regarding the performance-based students. After the simulation debrief, and simulation evaluation, the faculty observe before the following lesson, cadets must and assess cadet performance in a bilateral assess three of their peers’ assignments against negotiation that takes place over 30 minutes. established criteria and provide a grade, as We do not assess the substantive outcome, well as written feedback. Cadets’ final grade but rather cadets’ performance on criteria that is the average of their peers’ assessments and are closely aligned with the seven element can be adjusted afterward by their instructors framework. The specific skills faculty observe to account for exceptionally high or low include eliciting counterpart interests, creating quality feedback provided to them by others. value through option generation, employing After an initial learning curve, the students’ appropriate standards, and the explicit use acceptance of this approach has improved but of process-guiding techniques. Our teachers still meets resistance. Benefits of this system have enjoyed considerably greater cadet seem to be consistent with Topping’s review involvement during the preparation for and of peer assessments. Samplings of the peer execution of these graded simulations. In assessments indicate validity is high—implying addition to its role as a formative assessment, concept understanding—with acceptable this graded event also provides excellent variation in reliability. feedback to the instructors regarding collective Students also conduct an evaluation skill development. This assessment requires a of their peers’ performance in a video substantial investment in faculty time (which recorded bilateral negotiation simulation. In was offset by eliminating a final paper) and is this assignment, cadets analyze their peers’ difficult to fairly assess across cadets because performance and then offer prescriptive cadets’ grades depend in some measure on their advice, but they do not grade their peers. counterpart as well as the nature of the exercise Instead, the teacher evaluates and grades the case facts. To date, we have assessed cadets quality of the assessor’s analysis. Finally, the once per semester, and they are evaluated on a paper is provided to the cadets who originally rolling basis using four separate simulations. conducted the negotiation simulation. Since Each of these simulation exercises were this feedback is robust and incorporates designed to accentuate different negotiation coaching feedback, rather than evaluative dynamics, which makes an apples to apples feedback, students’ acceptance rate is high. comparison quite difficult. Faculty expressed In our efforts to use simulations concerns that an opposite approach (a single innovatively in our course, the faculty simulation conducted on a rolling basis) conduct a final simulation exam akin to what may compromise the integrity of the case has been described as adventure learning. facts. The course employs a realistic and cohesive Our course also heavily weights counterinsurgency scenario that features role negotiation preparation. In past years, cadets players from various organizations across submitted a 2-3 page preparation assignment the US Army, with relevant cultural and prior to every simulation. This created an negotiation expertise. Cadets participate in untenable grading load for instructors; pressed the exam over two classroom sessions and with almost 1,000 pages worth of material are expected to negotiate in bilateral and to grade, instructors often provided late and multilateral settings. Role-players also wear inadequate feedback. Recently, we transitioned garb associated with the culture in which 14 | Journal of Military Conflict Transformation | Vol. 1 No. 1 February 2020 the war-like scenario is set. Accordingly, cadets “deploy” in a combat uniform to a training area which requires a 10-minute MAJ Tim McDonald is an active ferry ride across the Hudson River. Outside duty Army officer who serves in the of a familiar classroom environment, cadets information operations career field. encounter several integrated scenarios that offer emotionally charged counterparts, as well He previously directed the West Point as opportunities to create value and build (or Negotiation Project and currently works destroy) relationships. Cadets are assessed on as a Marketing Manager at the Army their ability to appropriately select and apply Enterprise Marketing Office in Chicago, concepts from the course. In addition, students IL. He holds a BS from the United States are required to submit a self-reflection, in Military Academy and an MBA from which they may address the suitability and The Fuqua School of Business at Duke efficacy of the behaviors they exhibited. In University. the high-pressure scenarios presented by the final simulation exam, students sometimes fail to exhibit behavioral skills espoused by the MAJ Marcus Millen is an Assistant course, but the reflection assignment provides Professor of Leadership and Management cadets an opportunity to critically assess their within the department of Behavioral performance and offer themselves prescriptive Sciences and Leadership at the United advice, should they encounter a similar States Military Academy. He is the situation after graduation. Director of the West Point Negotiation Many cadets cite this exercise as the Project (WPNP) and course director for reason they enroll in the course. Despite its Negotiations for Leaders. He holds a BS resource intensive nature, we are confident from the United States Military Academy the final simulation exercise represents real- and an MBA from the Harvard Business world challenges, similar to the ones young military leaders are likely to face. We hope its School. authenticity increases salience and improves the likelihood of knowledge transfer for Cadets.
Conclusions
Moving forward, Negotiations for Leaders will seek to adopt a comprehensive approach to educating better negotiators. While the role of simulation exercises will remain prominent in the course, we have, and will, continue to augment them with assessment mechanisms and innovative experiences that help us not only motivate the students and increase retention but also improve concept learning and skill development. Current faculty may be missing opportunities to employ analogical and observational learning and should incorporate these learning activities into the course to support lasting and flexible learning. 15 | Journal of Military Conflict Transformation | Vol. 1 No. 1 February 2020 JMCT February 2020 www.airuniversity.af.edu/AFNC/About-JMCT Volume 1, Number 1, 16-19
A Force Multiplier: The Air Force Needs Military Negotiation Education
Col David O'Meara, USAF, Retired
Abstract As the Air Force concentrates on the development and acquisition of new technologies, we continue to operate within the human domain of conflict. We cannot allow technology to distract us from our strategic missions, especially as we continue to support our national interest within the joint or coalition framework. Deliberately educating our active, guard, reserve, and civilian personnel in the value of applying negotiation theory can only enhance our ability to conduct war fighting by enabling us to work together to solve problems and come to mutually beneficial agreements. To meet this goal, the Air Force education system can implement a building block teaching approach, based on all aspects of negotiation theory, from distributive, through interest based, and ending in creative and critical thinking to tackle our future complex problems.
The United States Air Force has conflict, especially as we expand the future historically embraced innovative technologies battlefield into the developing concept of to enhance its war fighting mission, beginning multi-domain operations. Clearly, the Air with the incorporation of airpower into Force remains committed to sustaining a our modern war fighting toolkit. Current technological lead in planning for an industrial Air Force strategic planning supports this level of war as future peer competitors emerge. innovation ideal, specifically as it refers to the While it remains ever important that we keep advancement of applications in cyber warfare, pace with the evolving global strategic climate, the testing of new hypersonic weapons, and what cannot be left behind is the continued the continued support of a multi-year purchase need to sustain our ability to work within of low observable fighters and bombers. the enduring human context of conflict. Left Furthermore, cyber and space operations have unevaluated, our military’s obsession with become a more normalized aspect of combat technology has the potential to endanger operations at all engagement levels. At the continuing investment in the human side of national strategy level, civilian and military conflict among the people.1 Understanding leaders are currently engaged in negotiations human engagement is a necessity in U.S. war over the most qualified organizations to fighting, especially when human engagement develop and utilize the space domain in is merged with technology. Senior leaders
1Rupert Smith, The Utility of Force: The Art of War in the Modern World (New York: Vintage Books, 2007).
16 | Journal of Military Conflict Transformation | Vol. 1 No. 1 February 2020 COMMENTARY continuously emphasize that future operations, concepts, including the idea of a zero-sum of all types and purposes, will be composed environment, or a win-lose situation. Consider of joint and combined forces, which often this as a military leader—do we want our best have diverse underlying goals and objectives. thinkers and problem solvers to be operating Warfighters will negotiate these goals into in a zero-sum world? Yes, perhaps if we are a common plan for success. Building teams applying kinetic combat power, but no if we will require a basic ability to address internal are arranging unit logistics, repairing unit disagreements to fight external military, equipment, or engaging in war among the political, and civil conflicts. people. Moving beyond zero-sum, the AFNC While funding new technology appears has committed to creating another building to be an Air Force priority, senior leaders block of knowledge and ability by educating also remain committed to building a strategic the force in interest based negotiations. This bedrock of critical and creative thinkers with next step teaches our Airmen to consider intellectual lethality. At its heart, organizations options that move beyond the zero-sum like the Air University are tackling the to expand the outcome into value gaining, smartest and best ways to build leaders, at all problem solving, opportunities. These skills levels, who can operate across the breath and offer leaders a more refined path, perhaps heights of emerging conflict. Commanders even the first or second steps, to successful throughout the military’s chain-of-command engagement and positive relationships between value men and women who can solve problems people, groups, organizations, and nations that and lead others in difficult missions. They will build our future coalitions. search for, and endorse, people who can bring Given this example, and the knowledge multi-dimensional skills to their ever more of its impact on the force, the ethereal task complex organizations. Organizations which then becomes how to economically teach these will balance human engagement, often using skills to an entire military body. Currently, negotiation skills as we continue to integrate military negotiation education and training new technologies. is incorporated in many levels of formal Within the Air University, the Air Air Force learning, specifically within our Force Negotiation Center (AFNC) is evaluating Professional Military Education (PME) system and expanding its education activities to and introductory courses within the lifelong building leaders with human interaction skills continuum of learning structure. For example, that are vital to addressing emerging forms of Basic Military Training already teaches the conflict. This capability has the potential to concept of solving problems at the lowest level improve one’s ability to work cohesively in within a chain-of-command, which is the basic a joint problem solving environment—where principle of negotiation. Officer accession some issues are complicated and where many courses also provide the same, if not more, more are highly complex. A bigger question expanded opportunities to introduce these might not deal with the utility of this effort, but concepts. A quick overview of distributive what is the path we must take to better teach negotiation methods, simple problem solving people how to negotiate with others and to ideas, baseline terms, and general concepts transform conflict into a manageable military would be a great addition to these first steps; operation to meet our national interests? however, additional education opportunities At this point, one may still be exist. One example is the inclusion of wondering how negotiation skills and conflict application based technology incorporated into transformation increase our mission success exercising courseware, which can increase across the tactical, operational, and strategic negotiation education opportunities for distance domains of human engagement? One model learners within varying levels of PME and often used in corporate negotiation is the lifelong learning courses. distributive model, which is based on several Building on the existing framework,
17 | Journal of Military Conflict Transformation | Vol. 1 No. 1 February 2020 COMMENTARY the next phase should enhance the Air Force’s problems will not provide Air Force leaders PME structure by increasing negotiation a break in the action for further discussion, education opportunities and offering thoughtful observation, study, or decision making. They courses within the continuum of learning. will fly into situations where logic and theory Once Airmen have a basic foundation in does not respond in a scientific fashion. They distributive negotiation theory, we can then will expand operations into all aspects of the move to broaden tactical applications as global culture to build new alliances to meet well as introducing additional concepts, multiple, and sometimes conflicting, interests. such as the value of understanding positions These challenges, and those unknowns, must verses interests. Our senior Airmen, junior take us to the next block for future education. noncommissioned officers, and captains We must evaluate and offer insight to students who deploy will be responsible for handling seeking skills to address a world of strategic tactical problems across a nearly unlimited problems that were unknown in the past. The battle space. Their human engagement will AFNC is starting on this path to integrate cross traditional intercultural boundaries and conflict and negotiation theory based on the explore new cultures that may have yet to be newest and most relevant studies in psychology defined. Interest based negotiation ideals can and economics into the world of negotiation build both a structure for critical thinking and a theory and application. At a minimum, hands- structure for application of traditional and non- on exercises will stimulate thought patterns traditional power. AFNC is already building that can be applied to future thinking. These on these ideas with courses for Air Force are now offered during in resident PME as part First Sergeants to learn how to better address of core and elective programs, as well as the solving problems between people. Incorporated new Squadron Commander Leadership Course. into this level, Airmen will learn the incredible These steps, when combined with continuing value of the pre-negotiation process as it innovations in education, are targeted to prepares them for tackling problems and enhance our Air Force’s engagement in the working with people. This fits closely within internal and external human domain. the Air Force Chief of Staff’s vision, which is The Air Force continues to value to return our squadrons to the central position education as a core process in developing as our direct war fighting organizations. To and sustaining leaders to support its mission fight and to prepare to fight, the squadrons in expanding operational environments. must engage up and down the leadership chain These leaders will first lead people who with determination, expertise, and innovation. will then apply the latest technology. The If we reflect on the value added to squadrons, education process must innovate to support we can see that negotiation education and this sustainment. It cannot simply add more training expands their ability to engage with, curriculum as time is an ever more valuable and get the mission accomplished. asset. Employing a building block approach to The biggest challenge for future further integrate military negotiation education strategic leaders, however, goes beyond solving within the current professional education the complicated problems leading to mission framework, and innovations in the continuum success; it moves into the complex world of of learning, will provide Airmen these new wicked problems. Complex, wicked, problems skills. The building block approach taking us within the human domain will not be changed from distributive negotiation skills, interest by advanced technologies.2 Time sensitive based negotiation application, and advanced
2Stanley McChrystal et al., Team of Teams: New Rules of Engagement for a Complex World (New York: Penguin Publishing Group, 2015).
18 | Journal of Military Conflict Transformation | Vol. 1 No. 1 February 2020 COMMENTARY complex problem solving will greatly add to Negotiation skills, taught in an ordered manner our organizational effectiveness. We can not across a lifetime of learning, will only enhance only continue to lead in the development of our intellectual lethality. new warfighting technologies, but continue to lead in engagement within the human domain.
Appendix 1- Military Negotiation Phased Approach Example
Education Suggested Objectives Exercise Possible Benefits Phase Concepts Forums 1 – Initial Define Negotiation Knowledge, Personal Finance BMT, Officer Negotiation Terms, Introduce Comprehension Negotiation Accessions Foundations, Lowest Building Blocks Level Problem Solving, Money Smart Airman 2 - Tactical Distributive Theory, Knowledge, Distributive, One-On- SOS, ALS, eSchool Basic Application of Interest Based Theory Comprehension, One, Intercultural Distributive Introduction, Application Communications Negotiations, Intercultural Introduction Deployment Preparation, Squadron Resources, and Combat Readiness Management 3 – Operational Interest Based Comprehension, Interest Based, ACSC, NCOA, FSA, Sq War Fighting Negotiation, Multiparty, Application, Analysis Multiparty, Pre- CC Course Leadership, Combined Intro to Diplomatic and Negotiation Planning and Joint Operations Contract Negotiations Effectiveness, Interest Identification, Solving Complicated Problems 4 – Strategic Wicked and Complex Comprehension, Regional Conflict, AWC, SNCOA, Chief’s Integration of Value and Beyond Problem Sets Application, Analysis Strategic Engagement Course, Wing/Group Negotiations, CC Leadership in a Complex Battle Space • Each phase has opportunity for distance learning or specialty courses within the continuum of learning. Specialty courses might include mediation education, acquisition, and contract negotiation, military support to diplomatic negotiation, end-state planning, pre-negotiation planning, etc. • Concepts developed from Air Force Negotiation Center strategic planning guidance.
Colonel David O’Meara, USAF (Ret), is an adjunct instructor for the Air Force Negotiation Center. Since 2011, he has taught negotiation theory, intercultural negotiations, and mediation at the Air University. With an operational and staff background, O’Meara was selected to serve as the Defense Attaché to Israel from 2006 to 2009 and has participated in international engagements in both formal and informal negotiations. He has also developed and taught senior leader, core, and elective graduate and undergraduate negotiation courses for multiple organizations within the Air Force.
19 | Journal of Military Conflict Transformation | Vol. 1 No. 1 February 2020 AIR UNIVERSITY STUDENT STUDIES
Student Paper Disclaimer
The following student papers were selected for publication by the JMCT Review Board based on their contributions to the field of conflict transformation. Opinions, conclusions, and recommendations expressed or implied within are solely those of the author(s) and do not necessarily represent the views of the Air University, the United States Air Force, the Department of Defense, or any other US government agency. Student papers have been modified to reflect JMCT formatting standards, but retain all original content as submitted to the Air University.
20 | Journal of Military Conflict Transformation | Vol. 1 No. 1 February 2020 JMCT February 2020 www.airuniversity.af.edu/AFNC/About-JMCT Volume 1, Number 1, 21-32
Going Beyond the Norm: The Case for Incorporating Evaluative Mediation into Department of Defense Employment Discrimination Complaints
Lt Col Thomas A. McNab Air Command and Staff College, Maxwell AFB, Alabama
Abstract Alternative Dispute Resolution is a vital tool being used by the Department of Defense (DoD) as a means to resolve workplace disputes. The DoD uses the facilitative model of mediation to resolve these disputes and it is a proven, effective resource in satisfactorily resolving DoD workplace conflicts. Facilitative mediation relies solely on the individual parties coming up with solutions to resolve the dispute and does not evaluate the actual merits of a complaint. This can be problematic when an employee has filed a workplace complaint based on illegal discrimination with the Equal Opportunity Office. Evaluative mediation involves having a mediator with expertise in labor and employment law evaluate the complaint’s strengths and weaknesses and help the parties reach resolution based on this evaluation. The Equal Employment Opportunity Commission provides settlement judges who use evaluative mediation techniques but this is only after a case has gone formal and is in the advanced stages of litigation. Sometimes this can be almost 1-2 years after the alleged discriminatory action took place due to the length of time it takes a case to get assigned a judge. This paper proposes that DoD policy and guidance be modified to allow for early stage evaluative mediation by a qualified mediator in select EO complaints either by contracted or internal mediators. This will provide the DoD a broader spectrum of dispute resolution options and potentially greater cost savings than those already provided by using the facilitative model.
Alternative Dispute Resolution to resolve the dispute and does not evaluate (ADR) is a vital tool used by the Department the actual merits of a complaint. This can be of Defense (DoD) as a means to resolve problematic when an employee has filed a workplace disputes. Currently, almost all DoD complex workplace complaint based on illegal agencies primarily use the facilitative model discrimination with the Equal Opportunity of mediation to resolve these disputes. The (EO) Office. The facilitative mediator’s role facilitative model has proven to be an effective is to protect the process, not evaluate the resource in satisfactorily resolving workplace merits of a complaint. Alternatively, evaluative conflict for the DoD.1 mediation involves having a mediator with Facilitative mediation relies solely on expertise in labor and employment law to not the individual parties coming up with solutions only facilitate the process, but to also evaluate
1 Department of Justice, Office of the Attorney General, 2016 Report on Significant Developments Federalin Alternative Dispute Resolution, Washington, DC.
21 | Journal of Military Conflict Transformation | Vol. 1 No. 1 February 2020 AIR UNIVERSITY STUDENT STUDIES the complaint’s strengths and weaknesses limited circumstances. and help the parties reach resolution based on this evaluation. Currently, DoD agencies Overview of the Equal Opportunity do not internally use this style of mediation. Complaint Process With only the facilitative model of mediation available, the system has little flexibility. If the If a DoD civilian employee feels they average EO complaint is not resolved at the have been discriminated against based on early stages via ADR, there can be significant a protected category in the workplace, they costs to the government in personnel as well as can contact their local Equal Employment investigative and litigation expenses. Opportunity (EO) office to discuss their Expanding the tools available in ADR may concerns. The EEOC enforces five federal facilitate more resolutions in both number and laws that prohibit employment discrimination quality. against applicants for federal employment, Currently, for cases that are not solved current federal employees, or former federal early in the complaint process, The Equal employees: Title VII of the Civil Rights Act of Employment Opportunity Commission (EEOC) 1964, as amended (prohibiting discrimination provides independent settlement judges who on the basis of race, color, religion, sex, or use evaluative mediation techniques. However, national origin); the Equal Pay Act of 1963 this occurs only after a case has gone formal (prohibiting agencies from paying different and is in the advanced stages of litigation. wages to men and women performing equal Sometimes it may be almost 1-2 years after the work in the same work place); the Age alleged discriminatory action took place due Discrimination in Employment Act of 1967, as to the time it takes for the agency to complete amended (prohibiting discrimination against its internal investigation of the complaint persons age 40 or older); Sections 501 and compounded by the backlog of EEOC cases. At 505 of the Rehabilitation Act of 1973, as this point and time there may be a disincentive amended (prohibiting discrimination on the for the parties to settle because of the time and basis of disability); and Title II of the Genetic costs already invested in the process. Information on discrimination Act of 2008 This paper proposes DoD ADR (prohibiting discrimination based on genetic policy and guidance be modified to allow for information).2 early stage evaluative mediation in select EO Title 29, Part 1614 of the CFR contains complaints either by contracted or internal regulatory guidance for the processing of EO mediators. This will provide DoD a broader complaints. The EEOC provides additional spectrum of dispute resolution options and details to the complaint process in Management potentially greater cost savings than those Directive 110 (MD-110). 29 CFR. § already provided by relying on only the 1614.102(a) establishes the duty of federal facilitative model. In exploring this thesis, this agencies to maintain EEO programs in a paper first provides an overview of the EO manner consistent with the EEOC’s mandatory complaint process. Next, it looks at DoD’s use directives.3 of ADR in EO complaints. Finally, it discusses the facilitative and evaluative models and suggests how DoD policy should be modified to allow for the use of evaluative mediation in
2U.S. Equal Employment Opportunity Commission (EEOC), Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614 (eeo-MD-110), 2015, Washington, DC. 3Ibid.
22 | Journal of Military Conflict Transformation | Vol. 1 No. 1 February 2020 Each military department has created complaint. Additionally, the counselor does not additional service specific guidance addressing make any indication as to whether or not they the EO complaint process and general EO believe the complaint has merit. Once the final topics consistent with MD-110.4 interview occurs, no further counseling takes MD-110 Chapters 2 and 5 contain place. the regulatory guidelines for federal agency If the employee chooses to file a formal processing of informal and formal complaints.5 complaint within the 15-day period, the EO For a civilian discrimination complaint to be office where they filed the original complaint appropriately processed by any DoD EO office, will send the employee an acknowledgment an employee must contact the local EO office letter. The letter provides the date on which within 45 days of the alleged action or date the employee contacted the office to file the of action. The 45-day clock begins when the formal complaint. After the acknowledgment employee knows or should have known when letter is sent to the employee, the Agency the alleged discriminatory action took place.6 sends the employee an additional “acceptance” Typically, each military installation will have letter informing them what claims have been an office on site. Once the employee contacts accepted for investigation and if any claims the office, a trained counselor conducts an have been dismissed along with the basis for intake informing the employee (also referred to dismissal. If the Agency accepts the claim for as complainant) of their rights in writing, seek investigation, they have 180 days from the specific basic information about the complaint, date the employee files the formal complaint and discuss potential ADR options. to complete the investigation of the claims. Once the employee makes the initial Within the DoD, formal EO complaints complaint, they have the option to either are investigated by the Investigations and participate in ADR or the informal complaint Resolution Division (IRD).7 counseling process. If the employee chooses Once the IRD receives the complaint the informal complaint counseling process, file, they conduct an intake where they the EO office has 30 days to conduct an collect documentation and then conduct an informal, limited inquiry and explore possible investigation. The investigation includes resolutions to the complaint. Generally, the witness interviews, document collection, and counselor seeks resolution at the lowest level report writing. At the end of the process, a possible. If the complaint is not resolved in the Report of Investigation (ROI) is compiled 30-day period, a final interview is conducted, and sent to the originating EO office who then closing out the informal complaint. If the removes privacy protected information. The employee agrees, the counseling process can be EO office subsequently provides the ROI to voluntarily extended by up to 60 days while the the employee. In certain circumstances, the parties continue to attempt resolution. 180-day requirement may be extended, but During the final interview, the employee is not beyond 360 days from the date the initial informed they have 15 days to formally file a complaint was filed.
4U.S. Department of the Air Force, Office of the Secretary of the Air Force,Air Force Instruction 36-2706, Equal Opportunity Pro- gram Military and Civilian, 2010, Washington, DC; U.S. Department of the Army, Headquarters, Army Regulation 690-600: Civilian Personnel: Equal Employment Opportunity Discrimination Complaints, 2004, Washington, DC; U.S. Department of the Navy, Office of the Secretary of the Navy, SecNav Instruction12713.14 Equal Opportunity Employment, 2003, Washington, DC. 5EEOC, Equal Employment Opportunity Management, chap. 2 and 5. 6EEOC, Equal Employment Opportunity Management. 7U.S. Department of Defense, Instruction 1400.25, DoD Civilian Personnel Management System: Investigation of Equal Employ- ment Opportunity Complaints, 2015, Washington, DC.
23 | Journal of Military Conflict Transformation | Vol. 1 No. 1 February 2020 AIR UNIVERSITY STUDENT STUDIES After the employee receives the ROI, Overview of ADR in DoD EO Complaints they may elect either an EEOC hearing with an administrative judge or a Final Agency As stated previously, when an Decision (FAD), written by the Agency, based employee initially contacts the EO office, on the record. This election must be made the counselor will inquire whether or not the within 30 days of receiving the ROI. FADs employee is interested in attempting to resolve must be issued 60 days after the initial 30- the complaint through ADR. The EEOC day receipt period. If the employee requests encourages agencies to resolve complaints a hearing with the EEOC, the judge has 180 of employment discrimination as early in days to conduct a hearing and issue a decision the process as possible.11 If the employee is regarding the complaint. This period may be interested, a decision is made by the Agency extended if the judge determines good cause whether or not to offer ADR. If ADR is offered, exists for an extension. Upon receipt of the it takes place as soon as possible. judge’s order, the Agency has 40 days to Although there are several forms respond. The employee has the option to appeal of ADR, including arbitration, settlement the final decision and then the EEOC will issue conferences, as well as mediation, the a decision on the appeal. If the employee is DoD primarily uses mediation to resolve dissatisfied with this decision, they may then employment discrimination complaints handled file a civil action in US district court. Recent by the EO office.12 Mediation generally analysis of formal complaint processing in the requires at least two parties in conflict. Each DoD through the entire administrative process party may or may not have representation (from time of complaint filing to final decision) with them at the table (including union reps places the average time for final conclusion for bargaining unit employees). In facilitative at 529 days.8 Appendix 1 and 2 are visual mediation, the mediator, a neutral third party, depictions from the Air Force and the Navy of presides over the mediation. The mediator is the entire administrative EEOC process. the impartial catalyst that helps the parties in Although the average length of time conflict constructively address and potentially a complaint takes for resolution through resolve their dispute.13 The Administrative the entire EEOC administrative process is Dispute Resolution Act of 1996 states a 529 days,9 that number is greatly reduced if mediator is a “permanent or temporary officer resolved through early ADR. Cases resolved or employee of the Federal Government or any through ADR procedures at the informal stage other individual who is acceptable to the parties average 44 days to resolution,10 a significant to a dispute resolution proceeding. A neutral difference of 485 days. The following section shall have no official, financial, or personal will look at ADR in EO complaints. conflict of interest with respect to the issues in controversy, unless such interest is fully disclosed in writing to all parties and all parties agree that the neutral may serve.”14 Although there are three primary models of mediation:
8U.S. Department of the Air Force, Office of the Secretary of the Air Force,Air Force Instruction 51-1201: Negotiation and Dispute Resolution Program, 2014, Washington, DC. 9Joe Yanik “New EO Process Cuts Complaint Resolution Time,” December 14, 2016, https://www.jba.af.mil/News/Article-Display/ Article/1029528/new-eo-process-cuts-complaint-resolution-time/ 10Air Force, ADR Instruction 51-1201 Report, 25. 11EEOC, Equal Employment Opportunity Management. 12Department of Justice, Report on Significant Developments, 3. 13Carrie J. Menkel-Meadow, Lela Porter Love, and Andrea Kupfew Schneider, Mediation: Practice, Policy, and Ethics, 1st ed. (New York: Aspen Publishers, 2006), 91. 14Administrative Dispute Resolution Act of 1996, Public Law 104-320, 104th Congress (1996).
24 | Journal of Military Conflict Transformation | Vol. 1 No. 1 February 2020 facilitative, transformative, and evaluative; the mediation itself will generally continue with DoD currently only uses the facilitative model each party’s opening statement, joint discussion of mediation.15 Although an effective model of and caucus as required, and finally, closure.19 mediation, transformative mediation will not During each party’s opening statement, be discussed as it does not necessarily seek each side has an uninterrupted opportunity to to address the complaint that brought on the lay out their position and history of what got dispute.16 Therefore, the focus of this paper will them there. The complainant, as the party who be on the facilitative and evaluative models of raised the issue, will make his or her opening mediation. However, prior to discussing those statement first. Management (also referred to two models of mediation, it is important to as the respondent) then has the opportunity to overview the DoD’s general mediation process. respond or make their own opening statement. The opening statement is an opportunity for General Overview of the Mediation Process the mediator to identify each party’s potential in DoD EO Mediations underlying interests that may help them subsequently generate options for resolution. Once the parties agree to a date Upon conclusion of each opening statement, and time for the mediation, the military the mediator may also summarize each party’s installation’s ADR program manager sends statements, giving them the opportunity to them an agreement to mediate.17 The make any clarifications. agreement to mediate covers such things as After each side has made an opening confidentiality, rights of the parties, and what statement, the mediator may lead the parties the parties can expect, including location, into a joint discussion. This is the first start time, and duration. Most mediators will opportunity during the mediation for the parties require the parties sign the agreement before to directly interact with each other. During beginning the actual mediation. Generally, these joint discussions, the mediator may in an employment discrimination complaint, help the parties clarify issues and interests, the parties at the table include the individual but it is really a time for the parties to work who filed the complaint and the responsible through the issues together and generate management official who is responding to the options for resolution. This is a chance for each complaint.18 Each side should have someone at side to help shape a potential future working the table, or immediately reachable, with the relationship. Since conflict may arise during authority to settle the complaint should they this time or the parties may reach an impasse, reach an agreement. the mediator may need to caucus with each To begin the mediation, the mediator party. usually makes an opening statement. At this There is no set time, or even time, the mediator covers ground rules for requirement, for a caucus to occur. Rather, a the mediation, the process they will follow, mediator may caucus with either side as the confidentiality, and settlement agreements. The need arises. Anything discussed during caucus
15Department of Justice, Report on Significant Developments, 3 16Department of the Army Office of the General Counsel ADR Program Office, Army Mediation Handbook: A Practical Guide for Using Mediation to Resolve Workplace Disputes (District of Columbia: Army Office of the General Counsel, 2015), https://ogc.altess. army.mil/ADR/Documents/Army%20Mediation%20Handbook%202015%20FINAL.pdf 35. 17Department of the Air Force, Office of the General Counsel,How to Manage and Mediate Workplace Disputes: Air Force Media- tion Compendium, 4th ed. (District of Columbia: Office of the General Counsel, 2012), https://www.adr.af.mil/Portals/82/documents/ Resources/AF%20Compendium--4th%20Edition.pdf?ver=2019-05-14-144417-237×tamp=1557859457466 21. 18 Note the employee can be represented by an attorney, or non-attorney if they so choose. Additionally, management may choose to have an attorney present along with any technical experts needed, such as human resources, on standby. 19Office of the General Counsel,Mediation Compendium, 27.
25 | Journal of Military Conflict Transformation | Vol. 1 No. 1 February 2020 Parties should expect a mediation to last up to 8 hours and need to plan accordingly.
Additionally, a settlement agreement may need to undergo a legal review to become final, which
may take an additional day or two. Taking all things into consideration, mediation is a relatively
short process to resolve a complaint. Figure 3 depicts the typical flow of an EO complaint
mediation. AIR UNIVERSITY STUDENT STUDIES is confidential, unless the party agrees to its Figure 1: Mediation Process 24 20 Figure 3: Mediation Process disclosure. During a caucus, the party and the mediator may discuss settlement options or the mediator may help the party think through their legitimate options. There should be no inference made, either positive or negative, by either party regarding the number or length of each caucus. A caucus will be as long as the mediator or the parties feels necessary to fully explore the issues. After a caucus, the mediator will often bring the parties back together for further joint discussion, which can lead to closure of the mediation. Once the parties reach either a settlement agreement or an unsolvable impasse, the mediator will close the mediation by, respectively, having the parties sign a settlement agreement or, in the case of an impasse, the mediator signs a declaration of impasse. If the parties reach resolution,Facilitative the v. Evaluative ModelsFacilitative of Mediation v. Evaluative Models of mediator will help them memorialize the Mediation agreement in writing. The mediator a ilitati will likely o l encourage the parties to be as specific as The Facilitative Model possible when drafting the settlementAs to stated avoid previously, the DoD uses the facilitative model of mediation to help resolve EO 21 future confusion regarding thecomplaints. agreement.25 The facilitative modelAs ofstated mediation previously, helps break the DoD through uses the the walls of workplace When reviewed and signed by all required facilitative model of mediation to help resolve parties, the settlement agreementdisputes becomes through a active EOlistening complaints. and sharing23 The emotions. facilitative26 Using model this model,of the mediator helps legally binding document. mediation helps break through the walls of
Parties should expect a mediation to workplace disputes through active listening 24 Excerpted from the Air Force Mediation Compendium, 24supra n. 20 at 9. last up to 8 hours and need to 25plan Army accordingly. Mediation Handbook, and supra sharing n. 19 at emotions. 33. See also Air Using Force Mediation this model, Compendium, the supra n. 20 at 5. Additionally, a settlement agreement26 See generally may Carole need J. Brown,mediator Facilitative helps Mediation: guide The the Classic conversation Approach Re betweentains Its Appeal , 4 Pepp. Disp. to undergo a legal review to becomeResol. L.J. final, 279, 283 (2004). Brownthe parties, explains thatand facilitative assists themmediation in understandingis based on two "guiding principles": [T]hat which may take an additional day or two. the underlying basis for the dispute, 13 Taking all things into consideration, mediation encouraging them to explore the reasons that is a relatively short process to resolve a led to the conflict.25 complaint. Figure 3 depicts the typical flow of an EO complaint mediation.22
20Confidentiality, U.S. Code § 574 (1996); Air Force,Instruction 51-1201, 25. Note there are limits on confidentiality. AFI 51-1201 paragraph 4.8.5.3 states “Information indicating fraud, waste and abuse, criminal misconduct, or threats of violence may be subject to disclosure, notwithstanding confidentiality.” The parties are usually told this during mediator’s opening statement. 21 Settlement agreements should use SMART principles (Specific, Measurable, Attainable, Realistic, and Timely). 22Office of the General Counsel,Mediation Compendium, 9. 23Army Office of the General Counsel,Army Mediation Handbook, 5. 24Carole J. Brown, “Facilitative Mediation: The Classic Approach Retains Its Appeal,” Pepperdine Dispute Resolution Law Journal 4, no. 2 (2004): 279, 283. 25Rebecca J. Weinstein, Mediation in the Workplace: A guide for Training, Practice, and Administration (Westport: Praeger, 2001) 24.
26 | Journal of Military Conflict Transformation | Vol. 1 No. 1 February 2020 As a true facilitator, the mediator is primarily disputes in the 1614 [the section that covers responsible to guide the discussion so that the the complaint process] process which may parties can break through the walls created by not involve discrimination issues at all. They the conflict and enhance their communication reflect, rather, basic communications problems to work towards possible solutions.26 The in the workplace. Such issues may be brought mediator creates a bridge of trust between the into the EEO process as a result of a perception parties until the parties do not need to rely on that there is no other forum available to air the mediator and can rely on each other for the general workplace concerns. There is little future relationship. question that these types of issues would be To help the parties work through their especially conducive to resolution through an conflict, mediators using the facilitative model interest-based approach.”31 of mediation primarily use interest-based Additionally, EEOC Studies have problem solving techniques, often referred to consistently shown remarkably positive as interest-based negotiation (IBN).27 Interest- feedback from participants in the mediation based problem solving is often preferred in process.32 mediation because, in most instances, there will be a continuing relationship between the Evaluative Mediation parties and IBN aims to preserve or improve such a relationship.28 Using IBN techniques, Professor Leonard Riskin states, the mediator helps the parties: 1) separate the "the mediator who evaluates assumes that people from the problem, 2) focus on interests the participants want and need her to provide not positions, and 3) help the parties invent some guidance as to the appropriate grounds options for mutual gain.29 for settlement - based on law, industry practice When a broader range of interests or technology - and that she is qualified to are considered, a broader array of possible give such guidance by virtue of her training, outcomes can be created, with the potential for experience, and objectivity." The evaluative finding an outcome that is more satisfactory mediator focuses on helping the parties to both parties than any solution imposed by understand the strengths and weaknesses of a third party based only on the parties’ legal their case by providing assessment, prediction, rights. By focusing on their underlying needs and direction.33 In the case of an EO complaint, and interests, the parties may create a unique the mediator should be someone with expertise solution which is most appropriate for their in the laws involving workplace discrimination, situation.30 knowledge of DoD civilian personnel laws, The EEOC recognizes the value of the policies, and directives as well as experience interest-based approach to dispute resolution in before the EEOC or similar administrative reducing the number of formal discrimination forums. complaints. A 1996 EEOC study found: Evaluative mediators will usually “. . . there may be a sizable number of ask the parties to make more formal opening
26 Ibid 27Roger Fisher, William Ury, and Bruce Patton, Getting to Yes (New York: Penguin, 1991). 28Office of the General Counsel,Mediation Compendium, 33. 29Fisher, Ury & Patton, Getting to Yes, 15. 30Brown, “Facilitative Mediation,” 290. 31U.S. Equal Employment Opportunity Commission, Office of Federal Operations,Alternative Dispute Resolution Study and Report, 1996, Washington, DC. 32E. Patrick McDemott et al., U.S. Equal Employment Opportunity Commission, An Evaluation of the Equal Employment Opportu- nity Commission Mediation Program: EEOC Order No. 9/0900/762/2, 2000, Washington, DC. 33Leonard R. Riskin, “Understanding Mediators’ Orientations, Strategies, and Techniques: A Grid for the Perplexed,” Harvard Nego- tiation Law Review 1, no. 7 (1996): 24.
27 | Journal of Military Conflict Transformation | Vol. 1 No. 1 February 2020 AIR UNIVERSITY STUDENT STUDIES statements when presenting their case, in tend to deter compromise and settlement. contrast to facilitative mediators, and then Another disadvantage may be the inability conduct one or more caucuses to meet privately of an evaluative mediator to find alternative with the parties to the complaint. The mediator principled basis for settlement when the focuses on collecting facts, identifying issues, traditional "legal" basis for a proposed and analyzing the parties' legal arguments settlement is rejected by the parties.37 to develop a sense of the complaint’s likely Furthermore, there is a view expressed outcome. To move the parties towards among a number of lawyers that while resolution, the mediator will judiciously share senior mediators and former judges could this evaluation with each side at strategic offer expertise and authority in an evaluative moments, usually during a caucus.35 The mediation, they were often ineffective at mediator might also make formal or informal facilitating dialogue and compromise among recommendations on resolution based on parties.38 their evaluation of the likely outcome. This In addition to the procedural will often include a cost-benefit analysis of differences between facilitative and evaluative settling the case via mediation versus pursuing mediation, there are structural issues to resolution through other legal proceedings. consider. The majority of mediators within This often may include an explanation that the DoD are collateral duty mediators trained once the parties leave the mediation, control of exclusively on the facilitative model.39 the outcome may be taken out of their hands Structurally, the DoD would likely need and left to a third party. to provide training for a group of internal The evaluative model also tends to attorneys with experience and expertise in involve a more directive mediator, one who EEOC litigation and labor and employment may not hesitate to push the parties to achieve laws or utilize a pool of contracted mediators settlement. Attorneys representing employees with the requisite expertise. The agencies in EO complaints may appreciate this approach within the DoD would also need to change because it helps them influence clients with existing policies to allow for the use of the unrealistic expectations and bridge final gaps to evaluation model in limited circumstances on reach a realistic resolution.36 a case-by-case basis. This would also require allocation of funds for either contract mediators Disadvantages of Evaluative Mediation or the travel of internally qualified mediators.
Disadvantages to the evaluative Circumstances for Evaluative Mediation mediation model include the limited ability for an evaluator to accurately predict the From a policy perspective, not outcome of a case. Additionally, the tendency every case will be appropriate for evaluative for the parties to take a more positional mediation. Cases where it may be appropriate approach in an evaluative mediation may include, but aren’t limited to, complex cases
35Lisa Blomgre Bingham et al., “Dispute System Design and Justice in Employment Dispute Resolution: Mediation in the Work- place,” Harvard Negotiation Law Review 14 (2009): 12. 36 Ibid. 37 Julie Macfarlane, “Culture Change? A Tale of Two Cities and Mandatory Court-Connected Mediation,” Journal of Dispute Resolu- tion 2002, no. 2 (2002): 286-287. 38 Ibid 39 Air Force, ADR Instruction 51-1201 Report, 11.
28 | Journal of Military Conflict Transformation | Vol. 1 No. 1 February 2020 where an employee was non-selected for promotion, some hostile work environment Conclusion: The Potential Value of Adding claims, or cases involving disability Evaluative Mediation accommodations. For example, I mediated a complaint for an agency several years ago The value of mediation is instantly where the employee had applied for an internal recognizable when comparing the costs, time, promotion for a professional position. The and money of traditional dispute resolution employee had solid credentials and was one through legal proceedings to ADR. Recent of three employees chosen to interview. The analysis shows the average number of days interview was conducted by a three-person to close an EO formal complaint without the panel and each panelist rated the employee as benefit of ADR (e.g., settlements, final agency the number two candidate. The employee was decisions, decisions after administrative convinced they should have been selected and hearings, etc.) is 529 days.40 However, the the only reason they could not have been was average number of days for an EO office because of a discriminatory basis. Management to close a case through ADR settlements was convinced the process was sound but was is 44, a difference of 485 days! Although willing to listen to the employee and explore the case processing time is greatly reduced some resolution. However, the employee was through ADR, only about 50% of cases convinced they should have been promoted appropriate for ADR actually get mediated and would not settle for anything less than the due to party reluctance or case complexities.41 promotion. Supplementing the facilitative model with As a facilitative mediator, I was evaluative mediation may be a way to catch prevented from evaluating the basis for some of the other 50% of cases that aren’t non-selection. The case was not resolved being mediated at the early stages. Even through mediation and continued through if only 20% of the cases that are not using the administrative process. Two years the facilitative model ended up using the later the EEOC upheld the agency’s non- evaluative model as an alternative, significant selection. Had the evaluative mediation been savings could result. For example, the Air available, I may have been able to provide a Force estimates cost of litigation through the reality check for the employee and help the full federal administrative process is $24,088.42 parties craft a reasonable resolution that met If an Agency were to resolve an additional 15 each side’s needs. However, prior to using cases per year through evaluative mediation evaluative mediation, the agency should it would save $361,320 in litigation costs. make an appropriate determination that the Therefore, if each of the four branches of the circumstances warrant its use. The most military resolve an additional 15 complaints appropriate office to make the determination per year, the DoD could save over $1.4 million is each Agency’s general counsel office. in litigation costs. It should also be noted Upon referral from an installation’s EO that during extended litigation periods, the office, the Agency’s general counsel office parties are most likely still interacting in the should evaluate the complexity of the case, workplace, which may have a detrimental mediator availability, and appropriateness of impact on morale. Therefore, there is both evaluative mediation before making the final a significant cost benefit to early resolution recommendation to use it in the given case. through mediation as well as potential morale
40 Ibid. 41Ibid. For example, in 2015 the Air Force identified 593 cases as being appropriate for ADR with mediation being actually attempt- ed in 302 of those cases. See 2015 Secretary of the Air Force ADR Program Report, (22 February 2016). 42Ibid. Note that this cost does not factor in the additional cost of the actual investigation, which can be between $4 and $10,000. Additionally, if the Complainant prevails at a hearing they may be entitled to damages and attorney fees, which significantly increases the cost to the Air Force.
29 | Journal of Military Conflict Transformation | Vol. 1 No. 1 February 2020 AIR UNIVERSITY STUDENT STUDIES and productivity benefits. Because of the The facilitative model of mediation is potential costs savings, DoD agencies should an effective tool for the DoD in resolving EO consider a 2-3 year trial period for evaluative complaints early in the process. Although not a mediation. This would require making at least perfect solution, supplementing the facilitative three trained mediators available to mediate model with evaluation in limited circumstances cases determined appropriate by the respective may be a way to resolve some complex general counsel offices. If successful, at the complaints that are not being mediated early in end of the trial period, Agency decision makers the process that can result in significant time would have the option to make the policy and cost savings. change a permanent option available in EO complaints.
Thomas McNab serves as a Lieutenant Colonel in the United States Air Force Judge Advocate General’s Corps and is currently assigned as the Staff Judge Advocate at Geilenkirchen NATO Air Base, Germany. He received a Master’s degree in Military Operational Art and Science from Air University in 2017, his Juris Doctor from the University of Idaho College of Law in 2005, and his Bachelor of Arts in English from the University of Idaho in 2002.
Biennial Training Equal Opportunity and Alternative Dispute Resolution Conference Photo by Senior Airman Stuart Bright Barksdale Air Force Base, LA, United States
30 | Journal of Military Conflict Transformation | Vol. 1 No. 1 February 2020 Figure 1: Air Force Flow Chart Appendix 1 - EEO Discrimination Complaint Process
7
31 | Journal of Military Conflict Transformation | Vol. 1 No. 1 February 2020 Figure 2: Navy Flow Chart AIR UNIVERSITY STUDENT STUDIES
Appendix 2 - EEO Complaint Process
8
32 | Journal of Military Conflict Transformation | Vol. 1 No. 1 February 2020 JMCT February 2020 www.airuniversity.af.edu/AFNC/About-JMCT Volume 1, Number 1, 33-44
Devastation to Tourist Destination Judith Tepperman, MSS Air War College, Maxwell AFB, USAF
Abstract The post-conflict recovery process in war ravaged nations can take many years to accomplish. Newly established governments must become stable and provide security to its citizens. The state's physical infrastructure must be repaired to provide basic needs such as potable water, electricity, and transportation access. Rebuilding the economy is a priority to fund and facilitate recovery. Salvaging the cultural heritage of the population underpins the political, physical, and economic components of a nation's resurgence. This paper aims to show that culture is a critical component of post conflict recovery. In particular, the focus is on how nations use their cultural heritage to encourage tourism, which in turn, boosts the economy to facilitate and expedite recovery. When tangible or intangible cultural heritage is damaged or destroyed during conflict, the effect on the population can be devastating because it erases people's ties to their identities and communities. Restoring cultural heritage provides the confidence and legitimacy for populations to proudly display their culture to local and international guests. Iraq has culturally rich archaeological sites such as Babylon and the ancient city of Ur. They also have significant ancient museum and library collections that contribute to the collective identity of people from all over the world. Though it does not seem probable that Iraq could ever become a world class tourist destination, it is certainly possible that this country could rise from rubble to attract visitors as other countries have done. The Socialist Republic of Vietnam and the city of Dubrovnik, Croatia are two of the case studies presented. Both of these sites recovered from political, physical and economic devastation post-war and subsequently transformed into globally popular tourist destinations. The research shows that including cultural values of local populations will facilitate post- conflict recovery.
“Culture should be placed at the heart of post- In the 1970’s, Baghdad, Iraq was a disaster and post-conflict city reconstruction regional center for highly urbanized, secular, and recovery strategies” well educated citizens. Sadly, the current unstable government and economic hardships Ede Ijjasz-Vasquez brought on by years of economic sanctions, Senior Director, Social, Urban, Rural and wars, civil unrest, and willful destruction by Resilience Global Practice, World Bank1 terrorists have caused devastation to the entire country on many fronts.2 Iraq must carefully
1. Ede Ijjasz-Vasquez, “Culture – the "X Factor" for Building Back Better after Conflict and Disasters,” The World Bank, November 16, 2018, https://www.worldbank.org/en/news/feature/2018/11/16/culture-the-x-factor-for- building-back-better-after-conflict-and-disasters. 2. Jonathan E. Sanford, “Iraq's Economy: Past, Present, Future," Global Security, June 03, 2003, www.globalsecurity.org/military/library/report/crs/crs_iraq_economy.pdf. (accessed September 16, 2018).
33 | Journal of Military Conflict Transformation | Vol. 1 No. 1 February 2020 AIR UNIVERSITY STUDENT STUDIES strengthen the fragile government currently of incomparable, unprotected archaeological in place, while simultaneously building the sites.”6 In 2015, the “Islamic State destroyed economy, in order for cities like Baghdad to Hatra, a 2,000-year-old fortified city south- rebuild their infrastructure. When that happens, west of Mosul. The Islamic State is believed to citizens will feel secure and choose to stay and have bulldozed the site and looted the cultural participate in revitalization efforts. A major part artifacts housed inside, including gold and of the revitalization effort will be to protect, silver objects, likely to leaving no trace of any restore, and manage cultural heritage sites previous culture.”7 The destruction of the that reflect the cultural history, values, beliefs, cultural sites also represents the obliteration of and skills of the people who created them.3 societies, a way of life, and memories of When a cultural heritage site is damaged or previous generations of families. destroyed, it can also damage or destroy the UNESCO identified four major dignity of the people for whom it has meaning. cultural sites [Ashur (Qal'at Sherqat), Erbil The United Nations Educational, Scientific Citadel, Hatra, and Samarra Archaeological and Cultural Organization (UNESCO) seeks City] on its Iraqi World Heritage list because to “encourage the identification, protection, they have special physical or cultural and preservation of cultural and natural significance. UNESCO is also identifying heritage around the world considered to be and mapping cultural heritage sites and of outstanding value to humanity.”4 Iraq has museum collections in preparation for the hundreds of such sites that span over 7,000 tourism industry to emerge. All of these efforts years of civilization. The ancient sites that involve provision of technical assistance to compose the “Cradle of Civilization” are Iraqi counterparts, including working to stop treasured by everyone, and have drawn tourists the illicit traffic of Iraqi artifacts. There are from all over the world.5 Since many of the numerous additional sites and cultural areas important cultural sites and artifacts have been that the Iraqi government, local governments, damaged or destroyed, UNESCO is assisting the private sector, and other Non-Government the government of Iraq with technical expertise Organizations (NGOs) are working to restore for heritage conservation, and preservation and and preserve, including cultural sites, artifacts, rehabilitation of the major sites. and other non tangible culture. Destruction of cultural property in Iraq Tourism may not be sustainable took many forms. During the invasion of Iraq without a strong culture component. In her in 2003, “arsonists burned the Iraqi National article, “Personal and Cultural Memories Library and Archive (INLA) and looters in War Tourism”, Anita Horvat asserts that pillaged the National Museum in Baghdad. “history and turbulent events are frequently Looters also damaged or destroyed many used as important tools for establishing a sense historic buildings and artifacts in the city. The of national identity and the feeling of national US constructed a military base on the site of selfhood.”8 With so much destruction and ancient Babylon that damaged cultural features instability in Iraq, it seems unthinkable that the of the site. Coalition forces destroyed or country could build a tourism industry to boost badly damaged many historic urban areas and the economy and put Iraq on someone’s bucket buildings, while thieves have ruined thousands list of places to visit. If recovery of heritage/
3. World Heritage Centre, “Special Issue on Iraq,” UNESCO World Heritage Centre, June, 2015, https://whc.unesco.org/en/review/special-iraq/. 4. Ibid. 5. Ibid. 6. James Paul and Céline Nahory, “War and Occupation in Iraq,” Global Policy, June, 2017, https://www.globalpolicy.org/images/pdfs/full.pdf. 7. Ibid. 8. Anita S. Horvat, “Personal and Cultural Memories in War Tourism,” Sic Journal 3, no. 2 (2013): 1-17, https://doi.org/10.15291/ SIC/2.3.LC.5.
34 | Journal of Military Conflict Transformation | Vol. 1 No. 1 February 2020 religious sites becomes a reality, then Baghdad sponsored CURE program or other NGO’s. could again become a tourist destination like so In 1945, Indochina (representing many other conflict-torn locations. present day Vietnam, Cambodia, and Laos) Iraq, other assisting governments, and was a French Colony. Resistance to French NGOs could learn lessons from other war- rule was inevitable because after World War torn states that rebuilt and became world class II, colonization was no longer acceptable to tourist destinations. Both Vietnam and Croatia the new order of liberal internationalists, and suffered severe damage to their political, Indochina wanted independence. France was cultural, and built infrastructures during armed weak, and the Chinese communists began conflict. Though it took many years to rebuild equipping and training the Viet Minh to fight or recreate and recover their heritage sites, an insurgent war. France was defeated in 1954, both countries have become popular tourist but in the aftermath, “Geneva divided Vietnam attractions with rich cultural heritage to which at the 17th parallel, making way for the people travel from all over the world. Case subsequent Americanization of the war.”11 The studies will be presented to demonstrate how American war in Vietnam, lasted for 20 years, these countries with vastly different cultures, from 1955-1975. Massive aerial bombardment in different parts of the world, went from was used at targets that the US believed devastation to tourist destination. were centers of gravity. The targets included airfields, key military headquarters, barracks Case Study 1: Vietnam Road to Recovery and strategically important supply facilities and lines of communications. Most of these targets According to the United Nations were in the countryside, where culturally International Strategy for Disaster significant sites are located. According to Reduction (UNISDR), reconstruction is Michael Clodfelter, “the United States Air defined as the “medium and long-term Force dropped a total of 6,162,000 tons of rebuilding and sustainable restoration of bombs and other ordnance” in Indochina.12 resilient infrastructure, services, housing, It was the most intense bombing campaign facilities, and livelihoods required for ever executed by the US. It far exceeded the the full functioning of a community or a total of 2,604,000 tons of ordnance expended society affected by a disaster.”9 UNESCO in World War II and in the Korean War.13 has introduced a framework to integrate Notwithstanding the constant bombardment culture as the core element for post-conflict campaigns, destructive land battles, and reconstruction of urban areas. The Culture in weather events, some of the cultural sites were City Reconstruction and Recovery (CURE) damaged but not destroyed. For example, in the framework puts people and local governments city of Hué, many of the walls and gatehouses at the center of this process.10 Not all post- surrounding its citadel were reduced to rubble, conflict states have benefitted from the CURE but the Imperial Palace mostly survived a 25 framework or similar programs. Vietnam day air and ground assault. struggled to re-build its economy after the post If a cultural property or nontangible World War II wars with France and America, cultural asset is deemed significant, and meets without much assistance from the UNESCO specific codified criteria, UNESCO may
9. United Nations Educational, Scientific and Cultural Organization,Culture in City Reconstruction and Recovery (Paris: UNESCO, 2018), http://hdl.handle.net/10986/30733 12. 10. Ibid., 23. 11. Douglas Porch, “French Imperial Warfare, 1945-1962,” in Counterinsurgency in Modern Warfare, eds. Daniel Marston and Carter Malkansian (New York: Osprey, 2008), 100. 12. Michael Clodfelter, Vietnam in Military Statistics: A History of the Indochina Wars, 1772-1991 (Jefferson: McFarland, 1995), 225. 13. Ibid., 225.
35 | Journal of Military Conflict Transformation | Vol. 1 No. 1 February 2020 AIR UNIVERSITY STUDENT STUDIES declare it as a World Heritage Site and seek paddies. There are several other ethnically to protect it from the effects of conflict that diverse people with rich cultures throughout may destroy or damage it. UNESCO will also the Vietnam countryside that receive tourists provide support to preserve and conserve the in their typically agrarian societies. Their tangible sites and/or non-tangible cultural practices, representations, expressions, skills, properties. There are only five UNESCO World and traditional knowledge are part of their Heritage tangible cultural sites in Vietnam, cultural heritage and transmitted from the first of which, the Complex of Hué generation to generation.15 Festivals exhibiting Monuments, was designated in 1993 amidst the unique cultures of the inhabitants are the country’s global economic transition. Hué another reason for tourists to visit these was the political, cultural, and religious center communities. Phillip Kotler, in his book, of a united Vietnam from 1802 until 1945. The Marketing for Hospitality and Tourism, community of Hué sponsors cultural events emphasizes that “generating events that appeal to celebrate and commemorate their heritage, to a target market and are harmoniously and to educate tourists who are encouraged appropriate with a community’s culture can to attend. The other World Heritage sites and provide immensely beneficial results, their inscription dates are Central Sector of the especially if the events are organized regularly Imperial Citadel of Thang Long (2010), Citadel over a period of years.”16 According to the of the Ho Dynasty (2011), the ancient city of UNESCO Culture report, practicing cultures Hoi (1999), and My Son Sanctuary (1999). are considered an intangible cultural heritage All of the World Heritage sites are popular which is vital in recovery and reconstruction tourist attractions and uplift the economy processes for their power in rebuilding in their communities. For example, in 1999 the social fabric as well as for effectively when Hoi became a World Heritage site, its ‘maintaining and managing cultural diversity, tourist revenue was $2,961M. By 2007, tourist fostering intercultural dialogue, and enabling revenue in Hoi steeply climbed to $38,463M.14 the effective monitoring of cultural change in Another cultural site that is a trendy post-conflict situations.”17 tourist attraction, but not one of the five World Environmental features could be Heritage sites, is the Great Holy Cao Dai considered natural heritage if UNESCO Temple just north of Saigon. An indigenous designates them as such - currently, there are Vietnamese religion, Cao Daoism was only two UNESCO designated Natural Cultural suppressed by the communist government just Heritage properties in Vietnam.18 Ha Long after the war and through the 1980’s. However, Bay, in the Gulf of Tonkin, includes 1,600 the religion survived, and now the temple is mostly uninhabited islands. Popular tourist one of the most popular tourist attractions in activities are tour cruises, scuba diving, rock the country. The Sapa valley, north of Hanoi, is climbing, and hiking. The Phong Nha-Ke another non-World Heritage designated cultural Bang National Park is known for its ecological region in which ethnic tribes show and sell and wildlife diversity, as well as hundreds tourists their ethnic textiles and handicrafts. of caves and underground rivers. Both of The lure for tourists to come to the region these designated natural sites are protected is the beautiful countryside and iconic rice as World Heritage sites. UNESCO provides
14. Hoi An Centre for Monuments Managements and Preservation, IMPACT: The Effects of Tourism on Culture and the Environment in Asia and the Pacific: Cultural Tourism and Heritage Management in the World Heritage Site of the Ancient Town of Hoi An, Viet Nam (Bangkok: UNESCO, 2008), https://unesdoc.unesco.org/ark:/48223/pf0000182646 50. 15. UNESCO, Culture in Reconstruction, 12. 16. Philip Kotler, John T. Bowen and James C. Makens, Marketing for Hospitality and Tourism, 3rd ed. (Upper Saddle River: Prentice Hall, 2003). 17. UNESCO, Culture in Reconstruction, 12. 18. Ibid.
36 | Journal of Military Conflict Transformation | Vol. 1 No. 1 February 2020 training to governments, tourism officials, and site like a museum to elevate its legitimacy site managers to protect and manage World to tourists.”22 Also dubbed the “Museum of Heritage designated sites so the sites can be American Atrocities”, The War Remnants preserved and conserved for future generations Museum has evolved over the years to become to enjoy. Tourism is an important management what is likely “Vietnam’s most visited tourist issue at both natural and cultural World site by foreign visitors.”23 Many veterans of Heritage sites because uncontrolled tourism the Vietnam War tour here for the purpose of development can have major negative impacts connecting personal thoughts, memories, and on our world’s natural and cultural heritage.19 emotions with the site.24 UNESCO also argues that a sense Still, it wasn’t until the restoration of of belonging is critical to rebuild people’s diplomatic relations with the U.S. in 1993, identities, particularly in the aftermath of and Vietnam's entry into the Association of violence and conflicts that have divided a Southeast Asian Nations (ASEAN) in 1995 society.20 However, sometimes, instead of that the tourist industry was able to launch.25 rebuilding identities, the societies create new There was no CURE framework to help re- identities and culture that unites them. For build the cultural infrastructure at that time, example, in urban Vietnam today, the French and UNESCO was only marginally present to and American wars and the aftermath of integrate culture and tourism. The Vietnamese both are part of the collective memory of the government had to build the tourism industry Vietnamese and embedded in their culture. from scratch after they instituted a new A significant part of the Vietnamese “cultural economic reform policy called the doi moi heritage” to which tourist flock, are restaurants in 1986. Subsequently, foreign investors and that serve French/Vietnam fusion cuisine visitors were able to travel to the country for reflecting the French colonization period. Yet, business opportunities.26 Mok and Lam in their much of the tourist economy is derived from article “Hotel and Tourism Development in Americans, and the tourist sites in the urban Vietnam” argue that initially, there was a lack areas, especially Ho Chi Mein City (HCMC), of strategic planning for and control of hotel formerly Saigon, depict the horrors of the development by the Vietnamese government.27 War. Even more popular, are the exhibits Coupled with poor transportation in and around the former US Embassy and infrastructure, it took a few years to determine Reunification Hall that highlight the American how to accommodate the increasing number War. There is even a small portion of the 125- of tourists. Additionally, the Vietnamese mile network of hand-dug tunnels the Viet government was nearly bankrupt, and they Cong used throughout the war to evade the had to rely on foreign investment to finance Americans through which tourists can crawl.21 the reconstruction of hotels, transportation The War Remnants Museum depicts Vietnam infrastructure and flood control in HCMC. before, during, and after the war to show how the current one-party government “uses a
19. Arthur Pederson, Managing Tourism at World Heritage Sites: A Practical Manual for World Heritage Site Managers (Paris: UNESCO, 2002), http://whc.unesco.org/uploads/activities/documents/activity-113-2.pdf 3, 5. 20. UNESCO, Culture in Reconstruction, 25. 21. James Popkin, “A Vacation in Vietnam,” U.S. News and World Report, August 1992, 59. 22. Jamie Gillen, “Tourism and Nation Building at the War Remnants Museum in Ho Chi Minh City,” Annals of the Association of American Geographers 104, no. 6 (2014): 1307-1321. 23. Ibid., 1310. 24. Horvat, “Personal and Cultural Memories in War Tourism,” 2. 25. Connie Mok and Terry Lam, “Hotel and Tourism Development in Vietnam,” Journal of Travel & Tourism 7, no. 1 (1997): 85-91, https://dor.org/10.1300/J073v07n01_06. 26. Ibid., 85. 27. Ibid., 86.
37 | Journal of Military Conflict Transformation | Vol. 1 No. 1 February 2020 AIR UNIVERSITY STUDENT STUDIES There were also issues with crime and lead cities towards a more sustainable and lack of lighting in the urban tourist areas. economy.”33 Graft was part of the day to day Vietnamese In 2001, Vietnam adopted the first government departments. Officials had to be law regarding cultural heritage to protect bribed in order to expedite the application monuments, notably in Hanoi and HCMC.34 process, which added to operating expenses Eventually, the tourism industry in Vietnam and caused construction costs to escalate.28 became tenable with many lessons learned due It wasn’t until the late 1990’s that there to trial and error. For example, the government was a shift in thinking in the international bureaucracy and red tape procedures were development community towards recognizing simplified to expedite hotel development. the importance of culture and cultural heritage Also, training centers for tourism industry staff in development in Vietnam. The Ministry were established to upgrade service standards. of Culture led a broad inventory to identify Conservation of heritage and cultural remains Vietnam’s heritage throughout the country.29 was planned and executed, so that they could This was about the time when UNESCO be exhibited to locals and tourists alike. inscribed two more properties on the World By 2011, with the two more World Heritage list: Hoi; and My Son Sanctuary, Heritage sites inscribed, the Vietnam travel where a unique Indian Hindu culture thrived sector was ranked 14th in the region and 80th from the 4th to the 13th centuries CE.30 Hoi is worldwide.35 The number of visitors to Vietnam a popular tourist attraction in North Vietnam more than doubled in the past four years from that exhibits the original architecture and city ~7 million tourists in 2014 to 15.5 million plan from 17th and 18th centuries. A special visitors in 2018.36 The specific attributes of the cultural attraction to tourists in Hoi is the country, such as rich cultural resources with the “fusion of indigenous and foreign cultures five World Heritage cultural sites, and the two (principally Chinese and Japanese with later World Heritage natural sites, combined with European influences) that combined to produce international fairs and exhibitions, contributed this unique survival.”31 The town continues to to this high position in tourism destinations.37 be occupied and function as a trading port and Vietnam’s reconstruction and the development center of commerce.32 The excellent ratings in of their tourism industry have come a long Trip Advisor and Fodor’s travel guides describe way since the Americans left Vietnam in 1975. a highly desirable tourist destination. Learning Though UNESCO provides assistance to the hard way, Vietnam government finally promote tourism in Vietnam, the government recognized “that cultural heritage protection discovered that Americans would tour the and tourism must go hand in hand to bring country because perhaps a bit of their own about more effective programs to raise culture and history was left behind in Vietnam. standards of living in developing countries
28. Ibid., 87. 29. Clement Musil, “Drafting and Implementing Urban Heritage Preservation Policies: a ‘Trial and Error’ Approach for Ho Chi Minh City,” The Newsletter, Spring 2016, https://www.iias.asia/the-newsletter/article/heritage-policies. 30. “Vietnam,” World Heritage Centre, United Nations Educational, Scientific and Cultural Organization, accessed September 9, 2018, https://whc.unesco.org/en/statesparties/vn. 31. Ibid. 32. Ibid. 33. William S. Logan, “The Cultural Role of Capital Cities: Hanoi and Hue, Vietnam,” Pacific Affairs 78, no. 4 (2005): 559-579. 34. Musil, “Drafting and Implementing Urban Heritage Preservation Policies,” 40. 35. Pham Kim Anh, “Identifying and Improving the Images of Vietnam as a Tourism Destination for Finnish Tourists” (Bachelor’s Thesis, Häme University of Applied Sciences, 2012), 1-58. 36. “International visitors to Viet Nam in December and 12 Months of 2017,” Vietnam National Administration of Tourism, revised January 02, 2018, http://vietnamtourism.gov.vn/english/index.php/items/12453. 37. Anh, “Improving the Images of Vietnam,” 35.
38 | Journal of Military Conflict Transformation | Vol. 1 No. 1 February 2020 Case Study 2: Dubrovnik, Croatia becomes resort with many hotels and restaurants along Kings Landing the coast. The coast served as a “mass-market tourist destination, popular with Yugoslav Croatia, like Vietnam, also and European tourists seeking an inexpensive suffered from the effects of 20th century beach holiday.”41 Its rich cultural heritage warfare. Poetically nicknamed the “Pearl of attracted the interest of many.42 the Adriatic” by Lord Byron, Dubrovnik is In 1667, Dubrovnik was devastated one of the southernmost cities of Croatia and by an earthquake, which severely damaged is located on the Dalmatian Coast.38 Over many of the medieval buildings. The the centuries, many different maritime and city was rebuilt incorporating the Italian sovereign powers such as the Byzantines, Gothic, Renaissance, and Baroque styles of Saracens, Venetians, and Hungarians, as architecture, and emerging modern urban well as the Roman, Ottoman, Hapsburg, and planning protocols. For centuries, city planners Napoleonic Empires influenced the culture regulated the footprint of the city, and rules of the inhabitants.39 The city evolved as a regarding proportions of the streets and how “medieval aristocratic republic from the they related to space were implemented, 12th to 19th centuries and it bears the mark enforced, and documented. In 1979, another of several architectural styles, including catastrophic earthquake destroyed many of the Italian Renaissance, Gothic, and Baroque.”40 historic buildings. Mostly, roofs were damaged Devastating earthquakes in 1667 and 1979 and the structural integrity of many of the damaged and/or destroyed much of the buildings was compromised. According to the cultural properties in the city, and both times, Institute for Restoration of Dubrovnik website, the city was restored to its original splendor. “among over a thousand damaged buildings Though Dubrovnik’s old city was designated the most damaged ones were the highest value as a World Heritage site and supposedly monuments within the historic center.”43 The protected, the war in 1991 brought additional city was rebuilt again, with the plan to recreate destruction to the city. the same architectural style of each building A monumental stone city, Dubrovnik is using the same building materials which were surrounded by a double fortification wall based upon the documents recorded three approximately 6,360 feet in length, 82 feet centuries earlier. According to Bette Hammel, in height at its highest point, and thicknesses in her article, “After the War: The Ancient of 5-15 feet depending on the location. City of Dubrovnik Comes Back, “following Dubrovnik was a significant Mediterranean the 1979 earthquake, modern surveys were Sea power beginning in the 13th century and it taken to collect measurements and technical prospered from the fifteenth to the eighteenth documentation of structural conditions of centuries. Throughout its history the city was each building.”44 Conservation guidelines for a major port of call on the Adriatic Sea for the historical buildings were also established, merchants and politicians, as well as travelers, specifying requirements to adequately preserve artists, and tourists. It was a flourishing sea the historical buildings and urban footprint.
38. “Old City of Dubrovnik,” World Heritage Centre, United Nations Educational, Scientific and Cultural Organization, accessed September 9, 2018, https://whc.unesco.org/en/list/95. 39. Bette Hammel, “After the war: The ancient city of Dubrovnik comes back,” Archival Record 188, no. 8 (2000): 49-51. 40. Ibid. 41. Lauren A. Rivera, “Managing "Spoiled" National Identity: War, Tourism, and Memory in Croatia,” American Sociological Review 73, no. 4 (2008): 613-634. 42. Srđa Pavlović, “The Siege of Dubrovnik and the Consequences of the “War for Peace,” Space of Identity, April 07, 2009, https://pescanik.net/the-siege-of-dubrovnik-and-the-consequences-of-the-war-for-peace/ 43. “Institute for Restoration of Dubrovnik,” Institute for Restoration of Dubrovnik, accessed September 9, 2018, https://zod.hr/lang/en/. 44. Hammel, “After the war,” 49-51.
39 | Journal of Military Conflict Transformation | Vol. 1 No. 1 February 2020 AIR UNIVERSITY STUDENT STUDIES The renovations were systematic with a as a place of worship by November 1986. long-term planning strategy. The effort was UNESCO has assisted with the excavation of financed mostly by the Republic of Croatia. the original Romanesque cathedral. Because of Newly placed on the World Heritage list, its long-established status as a tourist center, UNESCO became involved with the restoration Dubrovnik was one of the few places in the of the old city of Dubrovnik by providing former Yugoslavia that was demilitarized. computer equipment for documentation of the Following restoration of many of restoration. UNESCO also provided consulting the buildings and infrastructure, Dubrovnik services to assist with the Dubrovnik was again under siege, this time by war. Cathedral excavation. Wanting to secede from Yugoslavia and declare Though Croatia’s tourism independence as a sovereign nation, Croatia infrastructure is built primarily around the was attacked by the Yugoslav Army (JNA) in sun and the sea, the old city of Dubrovnik 1991. The JNA was assisted by a revolt of the was a cultural oasis. Several buildings of note Croatian Serbs, in effect, creating a civil war contribute to the cultural mosaic of the city. component to the conflict.46 Dubrovnik and The Revelin Fortress, built between 1539 and other cities were brutally attacked for months.47 1551 was an impressive fortification built into Hotels along the sea were deliberately shelled the city’s wall system. In the 19th century, and ruined, and the old city of Dubrovnik renovation projects turned the fortress into a including cultural heritage sites, was bombed salt storage facility. Damaged in the 1979 even though it was on the UNESCO World earthquake, it was restored to its original Heritage List.48 According to Srđa Pavlović, design. It became utilized as a multipurpose it was estimated that in the Dubrovnik area, hall to be used for tourist visits and to hold including the old city, 11,425 buildings were museum collections and cultural displays.45 damaged by artillery fire and bombardment and Another important fortress was St. Margaret's the city was without electricity for two months Fortress located in the southern city wall. from October to December 1991.49 Pavlović Originally built in 1426, this noteworthy further attests that in the old city, “among tower defended the sea channel between the notable monuments hit were the Sponza city and the island of Lokrum. Beneath the Palace, the Jesuit Church, the Franciscan Bell ground floor of the tower was the courtyard Tower, and the Town Clock Tower. A home for of the Church of St. Margaret. Another the elderly south of the St. Claire Monastery landmark, the Dubrovnik Cathedral, is a and the city wall behind it were also hit by baroque structure built between 1672 and 1713 mortar fire.”50 In addition, “nine 17th-century on the remains of the Romanesque cathedral palaces were gutted, 60 percent of the tiled that was destroyed in the 1667 earthquake. roofs were destroyed, and the city was left in With a purple marble alter, and a polyptych flames.”51 The city wall was directly hit by painted by the famous Venetian painter Titian, artillery an estimated 314 times, but received the cathedral is aesthetically awe inspiring. only minor damage. Severely damaged in the 1979 earthquake, Destroying cultural property during the cathedral was restored and back in use conflict can be considered a war crime, but
45. “Institute for Restoration of Dubrovnik.” 46. Dragutin Pavličević, "A Review of the Historical Development of the Republic of Croatia," GeoJournal 38, no. 4 (1996): 381-91, http://www.jstor.org.aufric.idm.oclc.org/stable/41146857. 47. Ibid. 48. “Old City of Dubrovnik.” 49. Srđa Pavlović, “Annex XI. A The Battle of Dubrovnik and the Law of Armed Conflict,”United Nations Security Council, December, 28, 1994, 34. 50. Pavlović, “The Siege of Dubrovnik and the Consequences of the “War for Peace,” 11. 51. Hammel, “After the war,” 49-51
40 | Journal of Military Conflict Transformation | Vol. 1 No. 1 February 2020 prosecution is generally unlikely. As part the city culture is enhanced by the presence of this Yugoslavian conflict, the Old Mostar of countless works of art, principally in Bridge in Bosnia and Herzegovina was churches and museums, but also out of doors. intentionally destroyed. The Ottoman style Its religious treasures, manuscripts, archives, bridge that was completed in 1566 connected pictorial heritage, and books from all over the Muslim and Christian communities that were globe all attest to the activities of the separated by the Neretva River. Besides its Mediterranean world that have been carried on historic architectural properties, the bridge down the centuries in a cosmopolitan was considered cultural heritage because it environment.”53 There is also intangible symbolized the synergy of the diverse ethnic, cultural heritage in Croatia to drive tourism. cultural, and religious communities in the city. This includes lacemaking, two-part singing The intentional destruction of the bridge was and playing in the Istrian scale, the Festival a means to expunge citizens’ relationships to of St. Blaise, patron saint of Dubrovnik, their identities and communities, and cause gingerbread craft and many different types of grave psychological harm. Those accused of cultural singing. Such cultural wealth places destroying the symbolic bridge were found Dubrovnik today “among the world's major guilty of war crimes and crimes against cultural and tourist centers.”54 Though Croatian humanity. The case was overturned in an cultural events are a draw for tourists, after the appeals court because the appellate judge ruled conflict, the government presented Croatia as that the bridge was a military target and the a Western or European destination because it destruction of it provided a military advantage would be more attractive to foreign tourists; to the opposition. However, the case set a basically, it was disassociated from its “Slavic precedent for prosecuting those responsible for roots” because of the negative images of war destruction of cultural property during conflict. and instability in the minds of foreign travelers When Dubrovnik was rebuilt after and investors.”55 Lauren Rivera asserts that the the war, it was fortunate that the existing city Croatian government wanted to manage the plans and building records were electronically impression of Croatia by re-framing its history documented after the last earthquake. It by erasing the war from the consciousness of was discovered, however, that the structural potential visitors. Croatian culture plays a large integrity of the buildings was compromised role in attracting tourists, but the government in the last major earthquake and was not markets Croatia as a European destination. adequately addressed and fixed during the There are no references in travel brochures of previous restoration. Therefore, the war Croatia’s Slavic history and events. This could damaged buildings required more structural negatively impact the Slavic population by repairs than expected. UNESCO and the marginalizing them. However, Croatia’s World Heritage Fund provided funding to marketing strategy appears to be working to purchase roof tiles, the training of artisans and attract tourists by creating a positive spin to its craftsmen, the carrying out of a real property image as an inviting place to visit.56 survey of the Old City of Dubrovnik and the During the conflict, tourism preparation of an inventory of damaged in Croatia approached a standstill, but it monuments.52 Mostly, however, other local completely recovered by 2005, fourteen institutions and the Croatian government years later. This is considered a quick and financed the restoration. According to the exceptional rebound within the tourism Institute for Restoration in Dubrovnik, “within industry. Of course, all of the plans for the
52. “Old City of Dubrovnik.” 53. “Institute for the Restoration of Dubrovnik.” 54. Ibid. 55. Rivera, “Managing "Spoiled" National Identity: War, Tourism, and Memory in Croatia,” 625. 56. Ibid., 623, 624. 41 | Journal of Military Conflict Transformation | Vol. 1 No. 1 February 2020 AIR UNIVERSITY STUDENT STUDIES city and its buildings were preserved so new almost from scratch. Dubrovnik was quicker to plans did not have to be developed. It often re-develop, because they had systems in place takes decades for tourists to return to a country to plan and program their reconstruction, but following war, and some countries never it still did not happen “overnight”. Following fully recover from perceptions of violence war, the governments of both nations were or instability.57 Tourism in Dubrovnik may unstable or unfriendly, outsiders were unsure have been expedited after the war because about safety and security, and the nations’ the government made a concerted effort to infrastructures were damaged or destroyed. For demonstrate that it was a safe place to visit. these reasons, tourism development was not a Most recently, a popular television show priority. Iraq has much to offer tourists in terms has been filmed in Dubrovnik. The city is of history, arts, and culture. At the present time, fictionally named Kings Landing in the the situation is not favorable for tourism in show, Game of Thrones. Filming utilizes all Iraq, but it could take the lessons from Vietnam of the period scenery of the city including and Croatia to build the industry when the the architecture, fortified walls, and narrow country becomes stable and secure. streets. Fans from all over the world flock to Since 2003, when the US-led Dubrovnik to take tours to see locations in coalition invaded Iraq, billions of dollars which important fictional events took place in have poured into the country, but there has the show. The filming of the show popularizes been little improvement in the economy. The the city, brings in a new type of tourist, and infrastructure is still in shambles. Living consequently brings in money to further conditions are well below standards.58 fund the city’s restoration of the city’s built and Religious and ethnic divisions stand in the cultural infrastructures. way of establishing a stable environment. Iraq Dubrovnik’s tourism industry made a faces innumerable obstacles. However, Iraq has remarkable recovery after natural disasters and the second largest oil reserves in the world. If armed conflict. Though the city has a splendid they could get effective leadership to provide location on the Adriatic Sea that would be a strong government, deliver robust security, a draw for any tourist, the new government and bring the various ethnic/religious groups to worked diligently to provide safety and work together, they could turn the dire situation security in order to reassure visitors that they around as so many other war-torn countries would not be harmed. The government also have done before. The government of Iraq is rebuilt the damaged infrastructure of roads so an Islamic, democratic, federal parliamentary visitors would be able to more easily access the republic with an elected Prime Minister and city. Most importantly, the government worked a President. If they do not win the people’s with UNESCO, other governments, and NGOs trust by curbing corruption in the government, to rebuild the cultural infrastructure so tourists they are doomed to fail. They also must have would experience the rich and unique historical transparency in the government to remove essence of the city. perceptions of corruption. Security must be maintained or people will not feel safe and will Recommendation/Conclusion: Let’s Go to leave the country as so many others have done Iraq Next Year! in recent times. Water and electrical systems need to be repaired and brought up to required Following the conflict in Vietnam, capacity. Kirdar in his book, Saving Iraq tourism was slow to develop, or re-develop suggests that oil profits be used to diversify the for many reasons, mostly because of security economy and to invest in the infrastructure. and safety concerns. Vietnam had to be rebuild This would not only fix the current problem;
57. Ibid., 619. 58. Nemir Kidar, Saving Iraq (Great Britain: Weidenfield and Nicholson, 2009).
42 | Journal of Military Conflict Transformation | Vol. 1 No. 1 February 2020 investors would be encouraged to develop a a project to build one of the world’s largest financial services community that would help stadiums in Iraq, with the design based on reconstruct the banking system.59 Though Babylon.62 The United Kingdom, through this seems like and quick and easy solution to a four-year government funded University fund reconstruction, it is actually a complex College London project, is “working to create situation managing how to achieve objectives greater local intellectual ownership of of competing actors with diverse agendas cultural heritage through support to Iraqi regarding resource allocation. universities and researchers.”63 These efforts When Vietnam instituted economic can create hope and jobs for Iraq’s heritage reform in 1986, eleven years after the war sector as well as act as a bridge between ended, it created investment opportunities in Iraq and its neighbors.64 UNESCO launched which people were required to travel to the area the “Response Plan for the Safeguarding of to conduct business. It also created sources Cultural Heritage in Liberated Areas of Iraq” of funding to build an infrastructure in which in 2017 and is providing “training, monitoring, the visitors could travel around the country. At and documentation of cultural heritage sites, first, the government did not have the expertise and emergency activities at sites at risk.”65 to plan for tourism development but eventually Networks of local NGOs are also contributing received help from foreign investors and to restore cultural heritage sites in preparation numerous international organizations, such as for future tourism. Obviously, culture and Japanese and French bilateral cooperatives. For history can bring people together at both example, the city of Toulouse and the Île-de- the local (country/regional) level and the France Region conducted joint projects with international level. Local NGO’s may also help the Hanoi government to identify and preserve to resolve some of the ethnic/religious division architecture and specific neighborhoods.60 in Iraq by focusing on shared history within the Dubrovnik relied on mostly local institutions community. Promoting dialogue within Iraq’s to create plans for restoring their economy diverse communities may help people and cultural infrastructure to boost tourism. reconnect with traditions of acceptance that As such, Sultan Barakat argues convincingly had been in place for hundreds of years. A that “postwar reconstruction is a set of reconstructive process that starts with the local interconnecting social, cultural, political and population to focus on what unites them rather economic components which is located at the than separates them can lead to a successful local, provincial, national and international reconstructive process.66 By helping each other levels.”61 rebuild, it is less likely that they will destroy Iraq is relying on foreign investment something to which they contributed. Some of and local institutions as well. For example, the cultural sites in Iraq are starting to attract the United Arab Emirates is financing a $50M domestic tourists, but security conditions are project to rebuild the destroyed Al Nuri a major impediment in the entry of foreigners mosque complex in Mosul. Saudi Arabia has inside the country.67 Though terrorism also
59. Ibid., 186 60. Musil, “Drafting and Implementing Urban Heritage Preservation Policies,” 40. 61. Sultan Barakat, “Postwar Reconstruction and the Recovery of Cultural Heritage: Critical Lessons from the Last Fifteen Years, Cultural Heritage in Postwar Recovery,” (papers presented at the ICCROM FORUM, October 2005). 62. Mehiyar Kathem, “Heritage Peacebuilding in Iraq,” openDemocracy: North Africa, West Asia, May 18, 2018, https://www.open- democracy.net/en/north-africa-west-asia/heritage-peacebuilding-in-iraq/. 63. Ibid. 64. Ibid. 65. World Heritage Centre, “Special Issue on Iraq.” 66. Barakat, “Postwar Reconstruction and the Recovery of Cultural Heritage,” 36-37. 67. Al-Saadi Nawar, “Insights into the Main Difficulties of Achieving Sustainable Development of Tourism in Iraq,” Annals of the University of Oradea, Geography Series / Analele Universitatii Din Oradea, Seria Geografie 24, no. 1 (2014): 32-43, http://search.ebscohost.com.aufric.idm.oclc.org/login.aspx?direct=true&db=aph&AN=97312463&site=ehost-live&- scope=site.
43 | Journal of Military Conflict Transformation | Vol. 1 No. 1 February 2020 AIR UNIVERSITY STUDENT STUDIES created a negative image of Iraq as a country of creating cultural awareness of all of the diverse “wars, killing, destruction, and terrorism,” this local populations. impression will last until the government can Money is available to fix most of provide workable and sustainable solutions to the problems that require money, but it will provide security for its own population.68 take very strong leadership to make Iraq If all of these improvements come to more livable and peaceful. Since 1968, the fruition, then tourism in Iraq could be re-born. Iraqi people have been oppressed by a brutal With all of the archeological, historical, and dictator, and devastated by war, sanctions, religious sites in the country, tourism could corruption, occupation, violent protests and provide a big boost to the economy. Kirdar, terrorism. If Iraq has the right leadership to in his book Saving Iraq, proposes that at first, contain violence, provide security, and the tourist industry should begin with religious improve the infrastructure by revamping the sites, for example, the holy Islamic cities of economic system, people will likely stay and Najaf, Karbala, and Samarra.69 Mosul and become part of the efforts to re-build the Baghdad also have religious sites important country to make it a place in which they to other religions. Further, there are other choose to live. Restoring culture property significant historical sites that the tourism has a significant impact to societies because industry could focus on for the long term, such it can create a shared vision of recovery.70 as Uruk, Ur, Hatra, and Najaf. However, if the Re-establishing damaged or destroyed cultural once magnificent city of Baghdad could be property also revitalizes confidence, legitimacy, revitalized and modernized to make the best humanity, pride, meaning and purpose while planned use of its natural features and built bouncing back from war devastation. With environment, tourists would flock to its world such a rich history and diverse culture to share, class museums, libraries, historical sites, hotels Iraq could also become a world class tourist and restaurants, some of which would need destination like Socialist Republic of Vietnam be rebuilt. Tourism can further benefit Iraq by and the city of Dubrovnik, Croatia.
Ms. Tepperman earned a Bachelor of Architecture Degree from the University of Maryland before beginning her career as an Architect for several DoD agencies and private design and architecture firms. When she resumed her career after a five year hiatus, she worked as a facility designer for architecture firms and then began employment as a construction contract administrator with the US Army Corps of Engineers. Subsequently, Ms. Tepperman became a Program/Portfolio Manager for the Military Housing Privatization Initiative (MHPI) program, and led efforts to execute $1.5B of privatized housing projects on 7 military installations. Prior to becoming the Asset Accountability Flight Chief at Joint Base San Antonio (JBSA), Ms. Tepperman managed a $140 M design and construction program at JBSA Randolph. She then became a Branch Chief for the MHPI Program where she planned, directed, developed and executed policies, programs, and procedures for the AF’s $8.5B Privatized Housing Portfolio at the Air Force Civil Engineer Center (AFCEC). Currently, Ms. Tepperman is the Branch Chief for Strategic SRM Execution and leads a team that executes a $1.5B Portfolio of ~100 design and construction projects that include runways, complex SCIF renovations, and high interest projects such as the repair of the US Air Force Academy Chapel. Ms. Tepperman has a Master’s degree in Military Operational Arts and Sciences and a Masters of Military Strategy.
68. Ibid., 38. 69. Kidar, Saving Iraq, 186 70. Barakat, “Postwar Reconstruction and the Recovery of Cultural Heritage,” 29.
44 | Journal of Military Conflict Transformation | Vol. 1 No. 1 February 2020 JMCT February 2020 www.airuniversity.af.edu/AFNC/About-JMCT Volume 1, Number 1, 45-46 Among Cultures: The Challenge of Communication 3rd Edition by Bradford J. Hall, Patricia O. Covarrubias, and Kristin A. Kirschbaum
reviewed by Clayton Carver, BS Ira C. Eaker Center for Leadership Development
Intercultural interactions are an 2. Overgeneralization – No one person is a inevitable reality in today’s military negotiation perfect representation of a culture. environment. Educators must be ready to 3. Exaggeration – There are differences instruct our warrior diplomats on how to between cultures, but there are also navigate the vast negotiation similarities. At the negotiation landscape. In support of this table, we should seek out those ideal is Bradford Hall’s, similarities. Among Cultures, which has Another point is Hall’s the potential to fill gaps within claim that culture produces cross-cultural education across three major manifestations: the Air Force. In this book, Worldviews - notions about Hall provides a comprehensive how the world is; values - how look at the key components of the world should be; and norms culture, with a concentrated - social rules for what people focus on communication, both should and shouldn’t do. By verbal and nonverbal. His making individuals aware of “ground up” approach to examining cultural them, and how they may influence our choices differences, through communication, provides in negotiation, these manifestations may allow a comprehensive examination of this vital the student to make sense of intercultural negotiation element. interactions. Hall defines culture as a, “historically Levels of identity is another key point shared system of symbolic resources through that Hall references. In his book, he offers a which we make our world meaningful.” From way to frame the various different levels: the military perspective, if this system provides 1. Personal – our understanding of ourselves meaning within negotiation, efforts should be as unique individuals. made to explore culture within pre-negotiation 2. Relational – student/teacher, boss/ planning. When analyzing Hall’s book through employee, parent/child, etc. the lens of the military environment, he 3. Communal – nationality, ethnicity, gender, mentions several key points of interest. religious, and political affiliations. The first point Hall references is Hall mentions these levels of identity the three hazards of studying intercultural are also associated with different levels of communication: power and influence. Again, these three levels 1. Oversimplification – sometimes we fail of identity provide a framing reference for how to recognize the subtleties of every culture. negotiation partners might identify. Culture is dynamic.
45 | Journal of Military Conflict Transformation | Vol. 1 No. 1 February 2020 BOOK REVIEWS the reader with the multitude of concepts covered, but Hall does have a very unique way of conveying his thoughts through storytelling, which provides vivid examples of the concepts he teaches. Perhaps more cultural education could be provided for students in the future or course offerings as the subject relates to negotiations. However, the Air Force should still continue to partner with organizations across the Department of Defense to avoid the reproduction of similar material, or materials that are conflicting in their messaging. Although this book is classified International Air Command and Staff Seminar 2019 as a college textbook, the information found Photographer Unknown in Among Cultures could help improve one’s Japan Air Self Defense Force understanding of culture and communication issues with the negotiation setting. Hall also explores Group Membership and finds it will naturally produce biases within any given group. This concept is something Among Cultures: The Challenge military organizations should pay particular of Communication 3rd Ed. New York, NY. Routledge Publishing 2018 attention to. Much like the psychological effect 428 pages. $55.37 specialization can have on an Airman, group affiliation, within the bigger Air Force, might blind the negotiator to the overall strategic picture. Clayton Carver is an Instructional Systems The last point that Hall discusses is Developer at Maxwell AFB, AL with 3+ stereotyping, ethnocentrism, and prejudice. years of experience in the field. He has Although we all naturally categorize and helped develop multiple CCAF approved attempt to frame the world around us, we courses supporting over 70,000 students must make sure our tendency to do so doesn’t annually for the NCO and SNCO resident ultimately distort our reality of the situation. PME programs. Clayton has also led As Airmen we can be prone to ethnocentrism, the SNCO PME program team in the especially as it relates to getting the mission operations and maintenance of 23 senior done, which can lead to ignoring the needs leader distance learning course modules and of others in intercultural negotiations. This summative testing process, serving 16,000 approach doesn’t help in relationship building. enrollees annually. Overall, this book provides a large amount of reference material for those developing and teaching curriculum with cross- cultural connections. To its detriment, the book requires a substantial amount of time to review. Moreover, it has the potential to overwhelm
46 | Journal of Military Conflict Transformation | Vol. 1 No. 1 February 2020 JMCT February 2020 www.airuniversity.af.edu/AFNC/About-JMCT Volume 1, Number 1, 47-48 Exactly What to Say: The Magic Words for Influence and Impact by Phil M. Jones
reviewed by SSgt George Skon, Knowledge Management Center
The power of words, for me, began the book with care to ensure the phrases with Robert Cialdini’s body of work on stood out and added little extraneous detail. influence and pre-suasion, and has continued Each magic phrase is followed by a concise with this book. My journey with background, more context, and words, for influence, started several examples. I was able when I desperately needed some to confidently begin using the small coins while visiting the first magic phrase as soon as I small city of Trier in Germany. had finished the first chapter. I was looking for 50 cents, not This book can be finished in much, but I had no cash and an afternoon, but I took several desperately needed the change. weeks, using it as a reference As I wandered around trying guide while practicing. to work up the courage to ask Before I mention my impression someone for a small favor, of his work, I’ll start by asking a quote from a friend about the reader for a favor; can you Cialdini’s work echoed through try one of the tactics I’m writing my mind, “If you give someone about within the next 2 hours? an identity, they will fulfill it.” I’m not sure if it’s for you, but I Then, a kind-looking couple walked past and think giving one of these a shot may prove I made my approach. “Hey there, I’m so sorry their worth. The one word I would describe to bother you, but you looked like kind people this body of phrases with is subtle. The [magic phrase] and I’m in a bit of a situation.” two sentences above are obvious examples As I explained my problem to them, they began of subtlety I’ve seen used in conversation. to reach into their purses to help me out. Fifty- Unfortunately, without this book as your cents later, I was convinced of the power of guide, it’s hard to perceive these subtleties making small changes to the words I use. in daily life. Some of Jones’ examples, such When I stumbled on Exactly What to as using the word “enough” more often, or Say: The Magic Words of Influence, by Phil saying “don’t worry,” are part of my vernacular Jones, I was ecstatic; this was it, my guidebook already. However, other examples like “Just to small, but effective word swaps. In practice, one more thing…” or “Would you be open- it turned out to be more nuanced than I first minded to…”, were foreign to me. assumed. Jones lists about 23 different “magic I finished the book with several words”— which are more akin to phrases impressions. The most important of which and will be referred to as such—to deal with is, “Don’t follow these suggestions blindly.” tough situations I run into daily. He structured After using each phrase, I worked to take
47 | Journal of Military Conflict Transformation | Vol. 1 No. 1 February 2020 BOOK REVIEWS notes of the reactions to ensure I wasn’t falling Allow me to recommend several magic prey to my confirmation bias. For example, phrases you could interweave into your next I used one of the magic phrases with such conversation. My personal favorite is, “Could poor results I plan to never utter those words you do me a small favor?” My close seconds again. The conversation went something are, “Just out of curiosity…”, which I use along the lines of, “So George, what are your innocuously to ask about the status of a project, recommendations?”, to which I responded and “What happens next?”, which I use near with: “Well, there are two types of people in the end of a meeting. I enjoy leaving meetings this world (magic phrase), those who would with clear action items, and this is a great choose option one and those who would choose way to ask for discussion without seeming to option three.” As you may have guessed, this push for action. My last recommendation is withered quickly. Taking this interaction as the phrase, “Would you be open-minded…”, I an example, I believe once these phrases have use this to get people to come into meetings or made their way into the cultural lexicon, they ideas with a somewhat less combative attitude. lose their efficacy. I have seen it successfully used to turn a My second impression was, “Power definitive answer into a possibility. dynamics may be key, but they can be negated Overall, this review is just a glimpse occasionally by using these phrases.” One of of some of the highlights, and lowlights, of my the most impactful examples of this was when personal use with these magic words, which is I had to ask something that typically wouldn’t just a small sampling of the full list. This book be approved from my supervisor. I decided to is readable in an afternoon, but I recommend use a safe magic phrase: “Could you do me a keeping it on hand as a quick reference before small favor (magic phrase) and allow my team a meeting. It’s a quick, yet worthwhile, to attend this event?” It was so effective, I collection of potentially game-changing words often find myself using this method more than and phrases. In conclusion, my only minor anything else in the toolkit. complaint is that some of the phrases were The last impression I took from Phil’s difficult to get comfortable with, or possibly work was, “These phrases are dangerous in two outdated, but that was a small price to pay for ways;” the first is their power—I can’t deny the resounding results from the words that the results I gained from using some of the worked. As a final note, and magic phrase, forcing functions, such as the word swaps. Just before you make up your mind about this book, changing, “Do you need our team to assist with pick it up and give it a try. anything else?” to “What else can our team assist with?” increased results by an anecdotal, but noticeable, amount. The frightening Exactly What to Say: The Magic Words for Influence and Impact aspect of word swapping was how often I Vacouver, Canada. Box of Tricks Publishing 2018 see advertisers use this tactic. I remember 148 pages. $13.89 seeing a sign that said, “Which new widget do you want?”, instead of the real question: “Do you want a new widget?” The second danger I noticed is the use of the phrases can backfire if you haven’t tested them in several SSgt George James Skon works as the settings. It goes without saying home and work Non-Commissioned Officer in Charge environments are different, but these phrases (NCOIC) for the Knowledge Management emphasized that bifurcation. The phrases I had Center in the 747th Communications success with at work rarely carried over as well Squadron, Hickam AFB, Hawaii. to my personal life. For example, try asking your significant other or friend a question that starts with “You have two options.”
48 | Journal of Military Conflict Transformation | Vol. 1 No. 1 February 2020 JMCT February 2020 www.airuniversity.af.edu/AFNC/About-JMCT Volume 1, Number 1, 49-50 Turn Enemies into Allies: The Art of Peace in the Workplace (Conflict Resolution for Leaders, Managers, and Anyone Stuck in the Middle) by Judy Ringer
reviewed by Jason W. Womack, MEd, MA, Ira C. Eaker Center for Leadership Development
When two or more people who work together, do people work together, there is so more collaboratively. In her always an opportunity to build book, Ringer likens conflict something bigger and better. resolution to the martial art of At work, it might be called Aikido. “The word aikido is often collaboration, but it often translated as ‘the way of blending happens best when different or harmonizing with energy’,” people come together to work on where each phase of the process an agreed-upon goal. And, when is specifically designed to help it works, teams can achieve the reader realize that they are their outcomes and overcome the most important person in the problems. However, there process—not that they can control is always the chance people the outcome, but that they are will miscommunicate and completely responsible for how misunderstand each other. they respond to each situation. On the other side of Ringer starts all of her cooperation is conflict. In Turn" Enemies into suggestions by putting the reader squarely at Allies" you will learn strategies to be more the center of the mat. Her analogies compare effective, and thereby be more productive at negotiation and conflict management to the art work and even in life. of Aikido; specifically, that it is important to Along with experiences and sample practice, to focus on the art of communication, practice scripts, the book is filled with and to maximize each opportunity presented. checklists one can utilize at all stages of a As long-time martial artist and seminar conversation, negotiation, or conflict. As the facilitator, the author turns all she has learned reader progresses along, it is helpful to keep through her professional coaching practice into a notebook on hand to capture the tips one both a checklist for negotiation, as well as a would personally use, as well as those that they manifesto for peace in the workplace. Through think could assist others they work, or live, her experience and personal stories, she with. provides specific tactics one can use to engage The author organizes her methodology in and move through difficult conversations. Of into four phases—each section providing significance is her deliberate repetition of the managers with tools they can use to help basics; over and over again, we are reminded to
49 | Journal of Military Conflict Transformation | Vol. 1 No. 1 February 2020 BOOK REVIEWS process of clearing up misunderstandings and working with your “enemies”. Phase 1: bow in; Phase 2: enter and blend; Phase 3: redirect; and Phase 4: bow out. During stages 1, 2, and 4, it is really about you and your mindset; focus on how you address the situation—and the person—that you find conflicting, so that you can put yourself in a centered state of calm. In the third stage, the author guides you to maintain and build that awareness as you work through a conversation with someone else. Of significant note, the author suggests that if two people do have a conflict, that they begin the process by each meeting individually with a trained coach before coming together to work on their differences. To get the most value from this book, one should bring forward the intention to work better with the individual(s) they are having a challenge working with. Read, highlight, and practice the techniques offered in this text by yourself, before attempting to use them with others. Whether you do any of the techniques in concert with someone else, or you just imagine doing them, I believe the author would be proud of the effort you put forward. Overall, this text is more than just a how-to book; it is a what-if book that you can actually do. Imagine if you gained a few skills that made it easier to work collaboratively and to manage the conflicts of ideas with those different people you work and live with. You will wind up saving time, and working more productively, with Ringer as your coach and your guide.
Turn Enemies into Allies: The Art Leadership Techniques to Team Travis of Peace in the Workplace Photo by Tech. Sgt. David W. Carbajal Newburyport, MA. Career Press Publisher 2019 Travis Air Force Base, CA, United States 224 pages. $16.95 maximize our presence and clarify our purpose in communication. Several of the case studies included Jason W. Womack is an Instructor of in the text provide the reader with unique Leadership Studies at the Ira C. Eaker examples of real-life situations. Leaders Center for Leadership Development, Air at all levels of the organization should see University, Maxwell AFB, Montgomery, AL. themselves in some aspect of the scenarios she describes. There are distinct stages to the
50 | Journal of Military Conflict Transformation | Vol. 1 No. 1 February 2020 UNITED STATES AIR FORCE NEGOTIATION CENTER The Air University Call forPapers!
PUBLISH WITH THE AIR FORCE NEGOTIATION CENTER JOURNAL OF MILITARY CONFLICT TRANSFORMATION
The Air Force Negotiation Center (AFNC) is currently accepting submissions for its inaugural publication of The Journal of Military Conflict Transformation (JMCT). Articles, book reviews, or op-eds with a focus on conflict management, negotiation, mediation, or facilitation are welcome. For more information, please visit us at www.airuniversity.af.edu/AFNC/About-JMCT/
Send submissions to [email protected]